entered into by and between
2345 Brunn am Gebirge
Company Registration No. FN 463967 f
(hereinafter referred to as “LICENSOR“)
the natural or legal person ordering and/or downloading the Products and/or Service from LICENSOR
(hereinafter referred to as “LICENSEE“)
LICENSOR and LICENSEE together hereinafter referred to as “the PARTIES”
This License Agreement (hereinafter referred to as “AGREEMENT”) shall apply to all software products of LICENSOR, including the components thereof as well as all available technology adapters, hereinafter collectively referred to in all cases as “SOFTWARE PRODUCT”. The purpose of the SOFTWARE PRODUCT is to provide a set of simulation tools for beam propagation through optical devices and waveguides. Examples encompass a large variety of propagation scenarios for both bulk and waveguide optics including lenses, gratings, apertures, couplers, splitters, multiplexers, and modulators.
LICENSOR is supplying the SOFTWARE PRODUCT based on the TERMS AND CONDITIONS which constitute integral parts hereof and this AGREEMENT. By installing or using the SOFTWARE PRODUCT, LICENSEE acknowledges that the TERMS AND CONDITIONS of this AGREEMENT shall be binding upon it and are deemed to preclude application of any conflicting general terms and conditions of contract (in particular any terms and conditions of business or procurement) of LICENSEE, and this shall hold true even if LICENSEE has alerted LICENSOR to any such general terms and conditions of contract or LICENSOR fails to expressly object to any conflicting terms and conditions of LICENSEE.
1) OWNERSHIP AND RIGHTS OF USE
Ownership of, and all intellectual or industrial property rights to, the SOFTWARE PRODUCT and the accompanying documentation shall remain exclusively with LICENSOR. LICENSEE hereby acknowledges these ownership and intellectual property rights and shall take no actions, which place LICENSOR’s ownership of or rights to the SOFTWARE PRODUCT and/or to the documentation at risk or which limit or in any way impair them. The SOFTWARE PRODUCT and the accompanying documentation are protected by the copyright acts, the relevant international treaties and copyright treaties. Ownership and rights to the content accessed by means of the SOFTWARE PRODUCT shall remain with the owner in question of such content and are subject to legal protection. The license granted by this AGREEMENT and covered by the TERMS AND CONDITIONS set forth below shall not be deemed to grant any rights to the content. Licensee acknowledges that certain third party software components incorporated in the SOFTWARE PRODUCT may include elements licensed or procured from certain open source libraries.
LICENSOR hereby grants LICENSEE a non-exclusive and non-transferable right to use the SOFTWARE PRODUCT. No acquisition of rights to the SOFTWARE PRODUCT itself is associated therewith. LICENSEE may only use the SOFTWARE PRODUCT for its own purposes and may not permit third parties to use it (whether for a fee or free of charge) without LICENSOR’s prior written consent.
Where LICENSOR provides LICENSEE with software created by third parties (in particular standard software) for LICENSEE’s use, the rights of use granted to LICENSEE shall be limited in scope to such rights of use, as the third party has granted to LICENSOR. In such case, LICENSOR shall disclose to LICENSEE the scope of the rights of use, which the third party has granted, to LICENSOR.
The grant of rights of use to the SOFTWARE PRODUCT supplied to LICENSEE is subject to the receipt of the complete payment of any and all of LICENSOR’s receivables existing at the time of the download.
In the event of a breach by LICENSEE of the terms of this AGREEMENT, in particular where LICENSEE is in default of payment or where LICENSOR becomes aware of circumstances indicating that LICENSEE lacks the ability to pay or is in poor financial condition, LICENSOR shall be entitled to recover items of property to which it has reserved title even where it does not rescind the AGREEMENT. An assertion of retention of title shall only be deemed to constitute rescission of the AGREEMENT where this is expressly agreed.
LICENSEE is entitled to deploy the SOFTWARE PRODUCT on every item of hardware at its disposal up to the number of licenses acquired by it, provided that such hardware satisfies the requirements described in the user documentation. However, when LICENSEE changes its hardware, it must first completely delete the SOFTWARE PRODUCT from the hardware previously used. Upon request, LICENSOR provides LICENSEE with a new license. LICENSEE is granted the right to make copies of any printed documents of the SOFTWARE PRODUCT for its internal use and to distribute the same within its own company during the term of this AGREEMENT.
LICENSOR grants LICENSEE a license of a type corresponding to one of the following alternatives:
- Commercial license: LICENSOR grants LICENSEE a license covering the SOFTWARE PRODUCT for its business purposes for the territory specified. Priority Support (as defined in Point 2) is included. A purchased license key is required to use a Commercial license. LICENSOR may at its own exclusive discretion grant LICENSEE in addition to Commercial license access to a beta version of the SOFTWARE PRODUCT in which case no Priority Support can be claimed.
- Non-commercial license: LICENSEE shall use the SOFTWARE PRODUCT solely for non-commercial, non-proprietary, non-classified research, the results of which shall be in the public domain. Priority Support is not included. A free-of-charge license key is required to use a Non-commercial license. LICENSOR may at its own exclusive discretion grant LICENSEE in addition to Non-commercial license access to a beta version of the SOFTWARE PRODUCT.
- Academic license: LICENSOR grants LICENSEE a license covering the SOFTWARE PRODUCT solely for academic research and teaching. LICENSOR reserves the right to request a proof of the academic affiliation prior to issuing the license. Priority Support is included. A purchased license key is required to use an Academic license. LICENSOR may at its own exclusive discretion grant LICENSEE in addition to Academic license access to a beta version of the SOFTWARE PRODUCT in which case no Priority Support can be claimed.
- Trial license: LICENSOR grants the license solely for the purposes of LICENSEE’s evaluation of the SOFTWARE PRODUCT to determine if LICENSEE will purchase one of the license types. LICENSOR reserves the right to and may, in LICENSOR’s sole discretion, restrict or cancel a Trial license at any time for any reason. Priority Support is not included. A free-of-charge license key is required to use a Trial license. LICENSOR may at its own exclusive discretion grant LICENSEE in addition to Trial license access to a beta version of the SOFTWARE PRODUCT.
- Beta license: LICENSOR grants the license solely for the purposes of LICENSEE’s evaluation of beta versions of new LICENSOR’s products. LICENSOR reserves the right to and may, in LICENSOR’s sole discretion, restrict or cancel a Beta license at any time for any reason. Priority Support is not included. A free-of-charge license key is required to use a Beta license.
General information for all license types:
- Each license is locked to a specific computer and user.
- All computers on which the SOFTWARE PRODUCT is utilized have to be connected to the internet at all times that the SOFTWARE PRODUCT is in use.
- A valid license of the software MATLAB® by The MathWorks, Inc. (version R2010b or later) is required for executing the SOFTWARE PRODUCT by the LICENSEE. However, no additional MATLAB® toolboxes by The MathWorks, Inc. are required. The LICENSEE has to obtain a MATLAB® license from The MathWorks, Inc. and bear its license fees. MATLAB® licenses can be purchased through the website www.mathworks.com. MATLAB® and all related products are registered trademarks of The MathWorks, Inc.
- The SOFTWARE PRODUCT supports also two external software packages by The MathWorks, Inc. (Parallel Computing Toolbox™ and Optimization Toolbox™) which can be purchased through the website www.mathworks.com. Usage of the two external software packages is optional and not required for the use of the core functions of the SOFTWARE PRODUCT. However, some application examples included in the SOFTWARE PRODUCT require both external software packages to be installed.
- The period of validity for all license types is controlled by a license key.
- By using a beta version of the SOFTWARE PRODUCT, LICENSEE acknowledges that the SOFTWARE PRODUCT is a pre-release version, and does not represent a final product from LICENSOR. As such, it may contain bugs, errors and other problems that could cause inaccurate simulation results or system failures.
The rights of use to the SOFTWARE PRODUCT granted by LICENSOR to LICENSEE are limited in geographical scope to the area and to different license types agreed between LICENSOR and LICENSEE. In the event of doubts as to the scope of a license granted in an individual case, the geographical scope of the right of use shall be merely the area in which LICENSEE’s headquarters is located.
In addition, LICENSEE hereby undertakes to use and deploy the SOFTWARE PRODUCT exclusively for LICENSEE’s own systems. The use of the SOFTWARE PRODUCT for systems which do not belong to LICENSEE and which are used for its business is hereby prohibited. In particular, the SOFTWARE PRODUCT may not be deployed for affiliates of LICENSEE, nor may it be transferred to affiliates of LICENSEE or otherwise made available to third parties.
The SOFTWARE PRODUCT may not be used by LICENSEE, in its entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons. An authorization is required if LICENSEE is subject to an arms embargo and if LICENSEE has been informed by the authorities that the items in question are or may be intended, in their entirety or in part, for a military end-use according to the Council Regulation (EC) No 428/2009 of 5 May 2009.
2) SUPPORT PLAN
- General Support Provisions:
- Support only for MATLAB® versions from R2010b to latest MATLAB® version available at the time of purchase of the SOFTWARE PRODUCT.
- Reasonable application support by email via firstname.lastname@example.org or through the website www.codeseeder.com/submit-ticket/.
- In the event the availability of the SOFTWARE PRODUCT is discontinued during the term of this AGREEMENT or no longer generally available for license from LICENSOR, LICENSEE may use the SOFTWARE PRODUCT for the remainder of the term of this AGREEMENT without access to LICENSOR’s Priority Support Plan, and only access to the General Support Provisions.
- Priority Support
- Response time for Priority Support service is briefer than for Best Effort Support service.
- License period of 3 months: 1 hour of Priority Support included
- License period of 6 months: 2 hours of Priority Support included
- License period of 12 months: 4 hours of Priority Support included
- License period of 12 months (subscription): 4 hours of Priority Support included per Subscription Period of 12 months
- Priority Support is provided only with respect to questions or issues directly related to the SOFTWARE PRODUCT and its applications.
- Access to beta version is only provided to LICENSEE with Commercial or Academic license.
- Best Effort Support
When all of the included Priority Support has been used up or for license types where Priority Support is not included, support is offered on a best effort basis.
3) LICENSE PERIODS
License fee payments must be made within 14 days after LICENSEE receives the corresponding invoice. This AGREEMENT shall enter into effect at the time the license is issued to LICENSEE, which LICENSOR will fulfill within seven days after receipt of payment and is concluded for the corresponding license period.
Possible license periods:
- 3 months;
- 6 months;
- 12 months;
- Yearly subscription: The subscription will be automatically renewed for successive 12-month periods unless canceled in writing at least 30 days prior to the end of the current license period;
- Individual license period to be agreed upon by LICENSOR and LICENSEE.
4) TERMS OF AGREEMENT AND TERMINATION
The right of the PARTIES to terminate for extraordinary cause, including, but not limited for reason as, default of payment, abuse of the purpose of the SOFTWARE PRODUCT or any transfer of the SOFTWARE PRODUCT to unauthorized third parties, shall remain unaffected hereby. When one of the PARTIES believes to have cause to terminate this AGREEMENT, then that party is obliged to issue a written warning to the other party by registered post/return receipt. When the breach forming the basis for cause is not eliminated / cured within a period to be set in writing of at least one week from the date the warning is received, then the party issuing the warning may declare termination of the AGREEMENT for cause with immediate effect.
Cause for LICENSOR shall, in particular, be deemed to be present where LICENSEE uses the SOFTWARE PRODUCT in an impermissible manner despite a warning and the setting of a period for remediation and such use exceeds the rights granted to LICENSEE by this AGREEMENT.
To be effective, every notice of termination must be given in writing by registered post/return receipt or confirmation of receipt.
Upon receipt of a declaration of termination, LICENSEE shall refrain from using the SOFTWARE PRODUCT as well as all printed documents for internal use that LICENSEE may have created itself, or shall surrender the foregoing to LICENSOR upon its request. In this respect, LICENSOR shall have the right to choose from these options.
LICENSEE’s obligation to pay the remaining costs and fees shall survive the termination of this AGREEMENT. Within 30 days from the effective date of any declaration of termination of this AGREEMENT, LICENSEE must forward all such fees and payments as are then outstanding to LICENSOR.
5) LICENSE FEE
The license fee may be determined based on the country where LICENSEE is principally located. The current and applicable fees can be requested by email via email@example.com or through the LICENSORS website www.codeseeder.com/purchase/. An additional fee may be applied for priority support beyond the period defined by each type of license.
6) UPDATE OF THE SOFTWARE PRODUCT
Any update of the SOFTWARE PRODUCT as well as any other support provided by LICENSOR in connection with the SOFTWARE PRODUCT will be subject to this AGREEMENT as amended.
LICENSOR may, at its sole discretion, change the SOFTWARE PRODUCT, add additional features or functions, or make updates or upgrades. LICENSEE may be required to adhere to an amended version of this AGREEMENT if it wishes to download, install, or use a new version of the SOFTWARE PRODUCT. Functionality of the SOFTWARE PRODUCT and all support provisions can only be ensured if LICENSEE installs latest version or any updates and upgrades of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT may automatically install updates and upgrades, if available, and LICENSEE will allow LICENSOR to do so. If LICENSEE blocks automatic updates and upgrades, it may not be able to use the services fully or at all.
LICENSOR also regularly checks the functionality and currency of the SOFTWARE PRODUCT and the corresponding data.
Unless otherwise expressly agreed in writing, LICENSEE shall specifically refrain from doing the following:
- making changes to the SOFTWARE PRODUCT or to any documentation or creating derivative works from it such as, for example, translations or localized versions. Program code for published APIs (application programing interfaces) which LICENSEE develops for the products, shall not be deemed ‘derivative works’;
- modifying the SOFTWARE PRODUCT, translating it, subjecting it to reverse engineering processes, decompiling it, disassembling it (except and only to such extent as an applicable law expressly and specifically permits such restrictions) or developing derivative programs based on the SOFTWARE PRODUCT;
- offering the SOFTWARE PRODUCT for rent, commercial lease or otherwise granting rights to the SOFTWARE PRODUCT, or effecting further distribution of the SOFTWARE PRODUCT, encumbering it with hypothecary rights, selling, letting, commercially leasing the SOFTWARE PRODUCT, granting sub-licenses over the SOFTWARE PRODUCT, temporarily lending out the SOFTWARE PRODUCT for joint use with another party or deploying it under the guise of a service company or otherwise granting rights to one of the SOFTWARE PRODUCT;
- duplicating or copying the SOFTWARE PRODUCT;
- removing or modifying, in any manner whatsoever, trademarks, corporate logos, copyright or other intellectual property right notices, lettering, symbols or labels on the SOFTWARE PRODUCT or in copies of the SOFTWARE PRODUCT you have created;
- modifying header files or class libraries contained in one of the SOFTWARE PRODUCT;
- disclosing the results of performance tests run on one of the SOFTWARE PRODUCT to third parties without LICENSOR’s prior written consent;
- decompiling the SOFTWARE PRODUCT. Pursuant to sec. 40d of the Austrian Copyright Act, decompiling of the program code of the SOFTWARE PRODUCT to other code forms and any other type of reverse engineering of the various manufacturing steps of the SOFTWARE PRODUCT, including any alteration of the program, are permitted only for purposes of eliminating faults or facilitating interface interoperability. Such actions may then only be undertaken by LICENSEE or by a third party engaged by it if LICENSOR, in response to a written demand by LICENSEE to do so, setting a reasonable grace period, was not previously successful in eliminating the defect after a reasonable number of attempts at remediation. Decompiling for purposes of creating interface interoperability shall only be permitted if this is indispensable to creating, maintaining or operating an independently created interoperable program and the necessary information have neither been published or are otherwise accessible.
- Conducting business with the SOFTWARE PRODUCT under a Non-commercial, Academic, Trial, or Beta license.
- LICENSEE is not allowed to transfer any license key.
In material respects, where used in unaltered form and correctly installed and used, the SOFTWARE PRODUCT shall have the scope of functionality. LICENSOR assumes no responsibility for uninterrupted and completely error-free functionality of the SOFTWARE PRODUCT in all operating conditions, because according to the generally accepted engineering principles known at the time of entering into this AGREEMENT, it is not possible to create error-free software.
To the extent permitted by law LICENSOR and its suppliers assume no statutory warranty (“Gewährleistung”) or guarantee (“Garantie”) on the SOFTWARE PRODUCT.
LICENSOR and its suppliers assume no warranty in connection with the SOFTWARE PRODUCT as to ownership, marketability, fitness for a particular purpose or non-infringement of third-party rights.
LICENSOR assumes no warranty that the SOFTWARE PRODUCT being provided will satisfy the user’s requirements and purposes or will correctly function together with other programs or system environment/operating systems selected by LICENSEE, unless LICENSOR has provided an express written undertaking otherwise. The consequence of this is that no warranty shall apply in particular where LICENSEE or a third party makes alterations, extensions or repairs to the SOFTWARE PRODUCT. Furthermore, LICENSOR assumes no liability for defects, faults or damages which are attributable to altered operating system components, interfaces and parameters, the use of unsuitable organizational aids and data storage media (to the extent any such are required) to abnormal operating conditions.
In particular, LICENSOR gives no express or implied further warranty with respect to the data or test data contained within the SOFTWARE PRODUCT.
This AGREEMENT shall not be deemed to preclude any statutory warranties which may not be disclaimed by law, and any obligation of LICENSOR arising out of this AGREEMENT shall be limited, at LICENSOR`s option, to remediation or replacement of the product in question.
9) RETURN POLICY
Refund of the license fees, may be given within 30 days after this AGREEMENT entered into effect, if LICENSEE terminates this AGREEMENT and provides evidence to LICENSOR that all parts or copies of the SOFTWARE PRODUCT have been uninstalled and deleted.
10) THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
Where intellectual property and/or processing rights of third parties are infringed through proper contractual use of the SOFTWARE PRODUCT, LICENSOR shall, at its option (and without charge to LICENSEE)
- modify the SOFTWARE PRODUCT such that there is no infringement, or
- acquire a license from the owner of the allegedly infringed right, or
- exchange/replace the SOFTWARE PRODUCT or part thereof constituting the infringement, such that no intellectual property rights are being infringed.
The foregoing obligations of LICENSOR shall not apply if:
- LICENSEE fails to notify LICENSOR without unnecessary delay of a third party’s assertion of a claim for an infringement of rights and/or
- the alleged claim is based on
- an impermissible alteration of the SOFTWARE PRODUCT by LICENSEE and/or by its employees and/or
- based on a use of the SOFTWARE PRODUCT for purposes other than the intended purposes.
11) LIMITATION OF LIABILITY
LICENSOR shall assume no liability for uninterrupted and completely error-free functionality of the SOFTWARE PRODUCT, because pursuant to the generally accepted engineering rules, which were known as of the time of concluding this AGREEMENT, it is not possible to create error-free software.
LICENSOR hereby disclaims toward LICENSEE as entrepreneurs liability for any and all claims for compensatory damages, in particular claims for any indirect, accidental or consequential damages or direct damages in respect of a SOFTWARE PRODUCT contained within its product range supplied, where such damages arise out of the use of or the inability to use the SOFTWARE PRODUCT, provided that LICENSOR is not culpable of intentional acts or omissions or blatantly gross negligence, and it should be noted that LICENSEE must prove the existence of intentional acts or omissions and gross negligence (except in cases of personal injury). In particular, LICENSOR shall bear no liability for indirect or consequential damages arising in connection with this business relationship and/or with its supplies of goods or services to LICENSEE. These disclaimers shall be deemed to include, without limitation, damages for loss of goodwill, work interruptions, computer failures or faults and business damages/losses. In any case, LICENSOR’s entire liability based on any provision of this AGREEMENT shall be deemed limited to the aggregate total of license fees LICENSEE has paid for the SOFTWARE PRODUCT which occasioned the loss.
These provisions with respect to compensatory damages shall even apply where a claim for compensatory damages is being made in tandem with or in lieu of a warranty claim.
LICENSOR shall carry out maintenance works regarding all SOFTWARE PRODUCTS and LICENSORS server, as necessary. However, LICENSOR may not be liability for any damages resulting from maintenance works including but not limited for any damages regarding the downtimes of the SOFTWARE PRODUCT.
LICENSOR assumes no liability for any intellectual property right infringements including but not limited to any copyright infringements of third party software and/or third party data.
12) MONITORING AND COLLECTION OF INFORMATION
By using SOFTWARE PRODUCT, LICENSOR collects personal information including LICENSEE’s first and last name, name of organization, email address, and some hardware-specific information. This personal information is collected for the purpose of creating and issuing user-specific licenses, managing licenses, providing user support, collecting feedback and providing notifications to LICENSEE.
LICENSOR uses the IP address and additional data collected to analyze web traffic. This data is not used to relate to personally identifiable information. LICENSOR also analyses web traffic for fraud prevention. Cookies are placed on the computer of LICENSEE during login not for tracking but as session cookies.
The PARTIES acknowledge and agree that any recommendations, enhancement requests, bug reports, suggestions, or similar feedback provided by LICENSEE to LICENSOR is perpetual, royalty-free, and voluntarily and can be used by the LICENSOR for purposes of improving and creating derivative works of the SOFTWARE PRODUCT. LICENSOR shall have all rights associated with the above said without recourse or reference to the LICENSEE.
LICENSEE hereby confirms its AGREEMENT with LICENSOR’s use, free-of-charge, of LICENSEE’s corporate name and logo as a customer reference in internal and/or external media (e.g., written documentation, websites, advertising materials), both while the present contractual relationship continues in force and thereafter.
Furthermore, LICENSEE hereby consents to the publication of success stories and/or white papers on the use of the product in LICENSEE’s business. Any such publication of success stories and/or white papers shall require prior consultation with LICENSEE and its written approval.
Any actions exceeding the foregoing (e.g., referral of contact data) shall only be undertaken upon prior written consultation between LICENSOR and LICENSEE.
The PARTIES agree reciprocally to keep all technical, financial and business information, in particular of products, methods of procedure, information, software, systems, information about the company of the other contracting party, customers, prices, terms of sale, financial affairs, planning, technical equipment, research, company secrets, know-how and all other technical, financial or commercial information (whether written, oral, tangible or intangible) known to LICENSEE before, during and after cooperation, confidential.
15) ANCILLARY TERMS AND FINAL PROVISIONS
- This AGREEMENT contains the entirety of all contractual AGREEMENTs on the license granted to LICENSEE and shall be deemed to replace and supersede all previous and present oral or written AGREEMENTs and terms with respect to the SOFTWARE PRODUCT, all previous business negotiations, all trade customs prevailing in this sector and all printed terms in orders or other correspondence of LICENSEE which conflict therewith.
- All annexes to this AGREEMENT constitute integral parts hereof, each thereof in the last version agreed by the PARTIES. In the event of a substantive conflict, in each case the text of this AGREEMENT shall prevail over the text of the annexes; addenda and amendments to the annexes made at a later point in time shall only be deemed to modify the contents of this AGREEMENT if and to the extent that the PARTIES have so agreed in writing.
- No ancillary AGREEMENTs, amendments or addenda or any declarations in connection with the termination of this AGREEMENT shall be valid unless made in writing, except where, in individual cases, this AGREEMENT imposes stricter requirements as to form. The foregoing shall also apply to any waiver of this requirement of a writing. This AGREEMENT may only be amended by written AGREEMENT of both PARTIES, executed by a duly authorized representative of LICENSOR and a duly authorized representative of LICENSEE. Any amendments, which may be made in future, shall be attached to this AGREEMENT as an annex.
- Substantive Austrian law, excluding application of the provisions of the UN Convention on the International Sale of Goods and excluding application of the choice-of-law principles of Austrian international private law, shall apply to any and all legal relations attributable to the business relationship between LICENSOR and LICENSEE.
This AGREEMENT may be modified by the LICENSOR by written AGREEMENT. LICENSEE may choose to agree to the proposal within 30 days. Implicit acceptance and consent shall be assumed if LICENSEE reports no feedback within 30 days. Acceptance to yearly subscription is deemed to the acceptance to the latest modification of this AGREEMENT.
- The PARTIES irrevocably submit to an exclusive jurisdiction of the Vienna Commercial Court in respect of any claim dispute or difference arising out of or in connection with this AGREEMENT, provided that nothing contained in this Clause shall be taken to have limited the right of LICENSOR to proceed in the courts of any other competent jurisdiction.
- If individual provisions of this AGREEMENT should be deemed to conflict with mandatory law or otherwise be or become invalid or if contractual gaps should arise, this AGREEMENT shall nevertheless remain valid in all further and other respects. In such case, the PARTIES shall be obliged to make a valid AGREEMENT without delay which corresponds in its commercial results to the void or invalid provision or which comes as near as possible thereto or which closes the contractual gap as the PARTIES would have done at the time of entering into this AGREEMENT if they had recognized the gap and appropriately closed it.
16) THIRD PARTY SOFTWARE LICENSE AGREEMENTS AND USE OF THIRD PARTY DATA
LICENSOR uses the following licenses on an open source or public domain basis. The following clauses shall become part to this AGREEMENT. LICENSOR assumes no responsibility and/or guarantee of accuracy of third party software and/or any and all third party data offered in this context and used by the LICENSOR.
- License Agreement for plotboxpos”The MIT License (MIT)””Copyright (c) 2015 Kelly Kearney””Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:”
“The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.”
“THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”
- License Agreement for C2xyz”Copyright (c) 2013, Chad Greene
All rights reserved.””Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:”
- “Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.”
- “Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution”
“THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
- Optical Material Database: refractiveindex.info database (M. N. Polyanskiy, “Refractive index database,” https://refractiveindex.info)”refractiveindex.info database: public domain via CC0 1.0″”The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.”