This end-user license agreement contains 4 separate and distinct licenses: (1) Torrent Suite(TM) Software Version 5.18 Open Source License (pgs. 1-32), (2) Service & Support Telemetry Module Software Version 2.0.1 End User License Agreement (pgs. 32 - 47), (3) Ion Chef(TM) Instrument Software Version 5.18 License Agreement (pgs. 47 - 182), and (4) Ion GeneStudio(TM) S5 V5.18 License Agreement (pgs. 182 - 236).
(1) Torrent Suite(TM) Software Version 5.18
=====================================================================
Torrent Suite(TM) Software v5.18: This software provides for the analysis and storage of data received from the Ion Personal Genome Machine(TM) (PGM(TM)) Sequencer, the Ion Proton(TM) Sequencer, the Ion S5TM Sequencer, the Ion S5TM XL Sequencer, or the Ion GeneStudio(TM) S5 Prime.
The Ion Chef(TM) System provides automated, high-throughput template preparation and chip loading for use with an Ion Personal Genome Machine(TM) PGM(TM) Sequencer, Ion Proton(TM) Sequencer, Ion S5(TM) Sequencer, Ion S5(TM) XL Sequencer, or the Ion GeneStudio(TM) S5 Prime.
May 26th, 2022
Copyright (C) 2011 - 2022 Life Technologies Corporation
All Rights Reserved.
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License version 2 as published by the
Free Software Foundation.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License version 2 for more details.
You should have received a copy of the GNU General Public License version 2 along
with this program (see Section 2 below); if not, write to the Free Software Foundation, Inc.,
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. You can also find the
GPL version 2 on the GNU web site: https://www.gnu.org/licenses/gpl-2.0.html
=====================================================================
1. Third Party Software Notices and Licenses
=====================================================================
This software uses third party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners as indicated below. Various licenses require distribution of source code or if a link is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by license, offer to provide source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license or certain notices. Such licenses and notices may be found below. In order to use this software, the end-user must abide by the terms and conditions of these third party licenses.
Armadillo
-------------------------------------------------------------
Apache License
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Version 2.0, January 2004
http://www.apache.org/licenses/
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HTS Lib
Samtools
The MIT/Expat License
Copyright (C) 2008-2014 Genome Research Ltd.
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:
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all copies or substantial portions of the Software.
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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.
## VCF Lib
The MIT License (see text above)
Copyright (C) 2012 Erik Garrison
Blas
Lapack
Copyright (C) 1992-2013 The University of Tennessee and The University
of Tennessee Research Foundation. All rights
reserved.
Copyright (C) 2000-2013 The University of California Berkeley. All
rights reserved.
Copyright (C) 2006-2013 The University of Colorado Denver. 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 listed
in this license in the documentation and/or other materials
provided with the distribution.
* Neither the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
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provided does not infringe any patent, copyright, or any other
intellectual property rights of third parties. The copyright holders
disclaim any liability to any recipient for claims brought against
recipient by any third party for infringement of that parties
intellectual property rights.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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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.
## Django
Copyright (C) Django Software Foundation and individual contributors.
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are permitted provided that the following conditions are met:
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## Cuda Toolkit
END USER LICENSE AGREEMENT (EULA)
Important Notice READ CAREFULLY: This Software License Agreement ("Agreement") for NVIDIA CUDA Toolkit, including computer software and associated documentation ("Software"), is the Agreement which governs use of the SOFTWARE of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom. By downloading, installing, copying, or otherwise using the SOFTWARE, You (as defined below) agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download the SOFTWARE. Recitals Use of NVIDIA's SOFTWARE requires three elements: the SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA Hardware"), and a computer system. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for Your use, strictly in accordance with this Agreement. The NVIDIA Hardware is protected by various patents, and is sold, but this Agreement does not cover the sale or use of such hardware, since it may not necessarily be sold as a package with the SOFTWARE. This Agreement sets forth the terms and conditions of the SOFTWARE only.
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1.7.1.1. Exchange of Feedback Both parties agree that neither party has an obligation to give the other party any suggestions, comments or other feedback, whether verbally or in written or source code form, relating to (i) the SOFTWARE; (ii) Licensee's products; (iii) Licensee's use of the SOFTWARE; or (iv) optimization/interoperability of Licensee's product with the SOFTWARE (collectively defined as "Feedback"). In the event either party provides Feedback to the other party, the party receiving the Feedback may use any Feedback that the other party voluntarily provides to improve the (i) SOFTWARE or other related NVIDIA technologies, respectively for the benefit of NVIDIA; or (ii) Licensee's product or other related Licensee technologies, respectively for the benefit of Licensee. Accordingly, if either party provides Feedback to the other party, both parties agree that the other party and its respective licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the (i) SOFTWARE or other related technologies; or (ii) Licensee's products or other related technologies, respectively, without the payment of any royalties or fees.
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1.7.1.4. No Liability for Consequential Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.7.2. Freedom of Action Licensee agrees that this Agreement is nonexclusive and NVIDIA may currently or in the future be developing software, other technology or confidential information internally, or receiving confidential information from other parties that maybe similar to the Feedback and Licensee's confidential information (as provided in Section 1.7.1.2 above), which may be provided to NVIDIA in connection with Feedback by Licensee. Accordingly, Licensee agrees that nothing in this Agreement will be construed as a representation or inference that NVIDIA will not develop, design, manufacture, acquire, market products, or have products developed, designed, manufactured, acquired, or marketed for NVIDIA, that compete with the Licensee's products or confidential information.
1.7.3. No Implied Licenses Under no circumstances should anything in this Agreement be construed as NVIDIA granting by implication, estoppel or otherwise, (i) a license to any NVIDIA product or technology other than the SOFTWARE; or (ii) any additional license rights for the SOFTWARE other than the licenses expressly granted in this Agreement. If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This Agreement may only be modified in writing signed by an authorized officer of NVIDIA. Licensee agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations. The parties agree that the following sections of the Agreement will survive the termination of the License: Section 1.2.1.4, Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
1.8. Attachment A Redistributable Software In connection with Section 1.2.1.1 of this Agreement, the following files may be redistributed with software applications developed by Licensee, including certain variations of these files that have version number or architecture specific information NVIDIA CUDA Toolkit License Agreement www.nvidia.com End User License Agreements (EULA) DR-06739-001_v01_v8.0 | 9 embedded in the file name - as an example only, for release version 6.0 of the 64-bit Windows software, the file cudart64_60.dll is redistributable.
Component : CUDA Runtime Windows : cudart.dll, cudart_static.lib, cudadevrt.lib Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a Linux : libcudart.so, libcudart_static.a, libcudadevrt.a Android : libcudart.so, libcudart_static.a, libcudadevrt.a Component : CUDA FFT Library Windows : cufft.dll, cufftw.dll Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a Component : CUDA BLAS Library Windows : cublas.dll, cublas_device.lib Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a Linux : libcublas.so, libcublas_static.a, libcublas_device.a Android : libcublas.so, libcublas_static.a, libcublas_device.a Component : NVIDIA "Drop-in" BLAS Library Windows : nvblas.dll Mac OSX : libnvblas.dylib Linux : libnvblas.so Component : CUDA Sparse Matrix Library Windows : cusparse.dll Mac OSX : libcusparse.dylib, libcusparse_static.a Linux : libcusparse.so, libcusparse_static.a Android : libcusparse.so, libcusparse_static.a Component : CUDA Linear Solver Library Windows : cusolver.dll Mac OSX : libcusolver.dylib, libcusolver_static.a Linux : libcusolver.so, libcusolver_static.a Android : libcusolver.so, libcusolver_static.a Component : CUDA Random Number Generation Library Windows : curand.dll Mac OSX : libcurand.dylib, libcurand_static.a Linux : libcurand.so, libcurand_static.a Android : libcurand.so, libcurand_static.a Component : NVIDIA Performance Primitives Library Windows : nppc.dll, nppi.dll, npps.dll Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a, libnpps_static.a, libnppi_static.a Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a Component : Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND and NPP Mac OSX : libculibos.a Linux : libculibos.a Component : NVIDIA Runtime Compilation Library Windows : nvrtc.dll, nvrtc-builtins.dll Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib Linux : libnvrtc.so, libnvrtc-builtins.so Component : NVIDIA Optimizing Compiler Library Windows : nvvm.dll Mac OSX : libnvvm.dylib Linux : libnvvm.so Component : NVIDIA Common Device Math Functions Library Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc Component : CUDA Occupancy Calculation Header Library All : cuda_occupancy.h Component : Profiling Tools Interface Library Windows : cupti.dll Mac OSX : libcupti.dylib Linux : libcupti.so
1.9. Attachment B Additional Licensing Obligations The following third party components included in the SOFTWARE are licensed to Licensee pursuant to the following terms and conditions:
1. Licensee's use of the GDB third party component is subject to the terms and conditions of GNU GPL v3: This product includes copyrighted third-party software licensed under the terms of the GNU General Public License v3 ("GPL v3"). All third-party software packages are copyright by their respective authors. GPL v3 terms and conditions are hereby incorporated into the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt Consistent with these licensing requirements, the software listed below is provided under the terms of the specified open source software licenses. To obtain source code for software provided under licenses that require redistribution of source code, including the GNU General Public License (GPL) and GNU Lesser General Public License (LGPL), contact oss-requests@nvidia.com. This offer is valid for a period of three (3) years from the date of the distribution of this product by NVIDIA CORPORATION. Component License CUDA-GDB GPL v3
2. Licensee represents and warrants that any and all third party licensing and/or royalty payment obligations in connection with Licensee's use of the H.264 video codecs are solely the responsibility of Licensee.
3. Licensee's use of the Thrust library is subject to the terms and conditions of the Apache License Version 2.0. All third-party software packages are copyright by their respective authors. Apache License Version 2.0 terms and conditions are hereby incorporated into the Agreement by this reference. http://www.apache.org/licenses/ LICENSE-2.0.html
In addition, Licensee acknowledges the following notice: Thrust includes source code from the Boost Iterator, Tuple, System, and Random Number libraries. Boost Software License - Version 1.0 - August 17th, 2003 . . . . Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. 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, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
4. Licensee's use of the LLVM third party component is subject to the following terms and conditions:
### LLVM Release License
University of Illinois/NCSA Open Source License Copyright (C) 2003-2010 University of Illinois at Urbana-Champaign. All rights reserved. Developed by: LLVM Team University of Illinois at Urbana-Champaign http://llvm.org Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal with 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: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution. * Neither the names of the LLVM Team, University of Illinois at Urbana- Champaign, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission. 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 CONTRIBUTORS 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 WITH THE SOFTWARE.
5. Licensee's use of the PCRE third party component is subject to the following terms and conditions:
### PCRE LICENCE
--
PCRE is a library of functions to support regular expressions whose syntax and semantics are as close as possible to those of the Perl 5 language. Release 8 of PCRE is distributed under the terms of the "BSD" licence, as specified below. The documentation for PCRE, supplied in the "doc" directory, is distributed under the same terms as the software itself. The basic library functions are written in C and are freestanding. Also included in the distribution is a set of C++ wrapper functions, and a justin-time compiler that can be used to optimize pattern matching. These are both optional features that can be omitted when the library is built.
### THE BASIC LIBRARY FUNCTIONS
--
Written by: Philip Hazel Email local part: ph10 Email domain: cam.ac.uk University of Cambridge Computing Service, Cambridge, England. Copyright (C) 1997-2012 University of Cambridge All rights reserved.
### PCRE JUST-IN-TIME COMPILATION SUPPORT
--
Written by: Zoltan Herczeg Email local part: hzmester Emain domain: freemail.hu Copyright(C) 2010-2012 Zoltan Herczeg All rights reserved. STACK-LESS JUST-IN-TIME COMPILER
Written by: Zoltan Herczeg Email local part: hzmester Emain domain: freemail.hu Copyright(C) 2009-2012 Zoltan Herczeg All rights reserved. THE C++ WRAPPER FUNCTIONS
Contributed by: Google Inc. Copyright (C) 2007-2012, Google Inc. All rights reserved. THE "BSD" LICENCE
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. * Neither the name of the University of Cambridge nor the name of Google Inc. nor the names of their contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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.
6. Some of the cuBLAS library routines were written by or derived from code written by Vasily Volkov and are subject to the Modified Berkeley Software Distribution License as follows: Copyright (C) 2007-2009, Regents of the University of California 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. * Neither the name of the University of California, Berkeley nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE AUTHOR "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 AUTHOR 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.
7. Some of the cuBLAS library routines were written by or derived from code written by Davide Barbieri and are subject to the Modified Berkeley Software Distribution License as follows: Copyright (C) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata. 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. * The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE AUTHOR "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 AUTHOR 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.
8. Some of the cuBLAS library routines were derived from code developed by the University of Tennessee and are subject to the Modified Berkeley Software Distribution License as follows: Copyright (C) 2010 The University of Tennessee. 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 listed in this license in the documentation and/or other materials provided with the distribution. * Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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.
9. Some of the cuBLAS library routines were written by or derived from code written by Jonathan Hogg and are subject to the Modified Berkeley Software Distribution License as follows: Copyright (C) 2012, The Science and Technology Facilities Council (STFC). 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. * Neither the name of the STFC nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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 STFC 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.
10. Some of the cuBLAS library routines were written by or derived from code written by Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief, and are subject to the Apache License, Version 2.0, as follows: -- (C) Copyright 2013 King Abdullah University of Science and Technology Authors: Ahmad Abdelfattah (ahmad.ahmad@kaust.edu.sa) David Keyes (david.keyes@kaust.edu.sa) Hatem Ltaief (hatem.ltaief@kaust.edu.sa) 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. * Neither the name of the King Abdullah University of Science and Technology nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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 HOLDERS 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.
11. Some of the cuSPARSE library routines were written by or derived from code written by Li-Wen Chang and are subject to the NCSA Open Source License as follows: Copyright (C) 2012, University of Illinois. All rights reserved. Developed by: IMPACT Group, University of Illinois, http:// impact.crhc.illinois.edu Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal with 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: * 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 disclaimers in the documentation and/or other materials provided with the distribution. * Neither the names of IMPACT Group, University of Illinois, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission. 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 CONTRIBUTORS 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 WITH THE SOFTWARE.
12. Some of the cuRAND library routines were written by or derived from code written by Mutsuo Saito and Makoto Matsumoto and are subject to the following license: Copyright (C) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima University. All rights reserved. Copyright (C) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima University and University of Tokyo. 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. * Neither the name of the Hiroshima University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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.
13. Some of the cuRAND library routines were derived from code developed by D. E. Shaw Research and are subject to the following license: Copyright 2010-2011, D. E. Shaw Research. 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. * Neither the name of D. E. Shaw Research nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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.
14. Licensee's use of the lz4 third party component is subject to the following terms and conditions: Copyright (C) 2011-2013, Yann Collet. BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php) 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.
15. The NPP library uses code from the Boost Math Toolkit, and is subject to the following license: Boost Software License - Version 1.0 - August 17th, 2003 . . . . Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. 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, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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You may not impose any further restrictions on the exercise of the rights granted or
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that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or
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12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that
contradict the conditions of this License, they do not excuse you from the conditions of
this License. If you cannot convey a covered work so as to satisfy simultaneously your
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only way you could satisfy both those terms and this License would be to refrain entirely
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13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or
combine any covered work with a work licensed under version 3 of the GNU Affero
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the special requirements of the GNU Affero General Public License, section 13,
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14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU
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If the Program specifies that a proxy can decide which future versions of the GNU
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15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT
PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE
THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE,
YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO
MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM
TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given
local legal effect according to their terms, reviewing courts shall apply local law that most
closely approximates an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a copy of the Program
in return for a fee.
OEM Plupload
GNU General Public License
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
See Section 2 below for text of GPL v2.0 license.
Font awesome
The Font Awesome font is licensed under the SIL OFL 1.1:
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
Font Awesome CSS, LESS, and Sass files are licensed under the MIT License:
The MIT License
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.
=====================================================================
2. GNU General Public License version 2 (GPL v2)
=====================================================================
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
###Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
###End of (1) Torrent Suite(TM) Software Version 5.18 Open Source License
****************************************************
(2) BEGINS:
================================================================================
LIFE TECHNOLOGIES CORPORATION
END USER LICENSE AGREEMENT
## FOR SERVICE & SUPPORT TELEMETRY MODULE SOFTWARE VERSION 2.0.1
NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND LIFE TECHNOLOGIES CORPORATION ("LIFE TECHNOLOGIES") REGARDING THIS SOFTWARE PRODUCT. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND LIMITATIONS. YOUR INSTALLATION AND/OR USE OF THIS LIFE TECHNOLOGIES SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT, AND YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS IF YOU INSTALL AND/OR USE THE SOFTWARE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THIS SOFTWARE, TOGETHER WITH ALL PACKAGING, TO LIFE TECHNOLOGIES AND YOUR PURCHASE PRICE WILL BE REFUNDED.
This Life Technologies End User License Agreement accompanies a Life Technologies software product ("Software") and related explanatory materials ("Documentation"). The term "Software" also includes any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Life Technologies. The term "License" or "Agreement" means this End User Software License Agreement. The term "you" or "Licensee" means the purchaser or user of this license to the Software. This Agreement includes herein by reference any additional use restrictions or Limited Use Label Licenses listed in or on user manuals, labeling, product inserts, technical notes, literature (including but not limited to Documentation) and/or splash screens related to this Software ("Supplemental Terms"). To the extent such Supplemental Terms are more restrictive than those contained herein, the more restrictive usage terms shall control.
This Software may use third-party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners. Various components require distribution of source code or if a URL is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by the license, offer to provide the source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license. Such licenses, if any, may be found in Appendix 1 below. In order to use this Software, the end-user must abide by the terms and conditions of these third-party licenses.
TITLE
Title, ownership rights and intellectual property rights in and to the Software and Documentation shall at all times remain with Life Technologies and its subsidiaries, and their suppliers. All rights not specifically granted by this License, including Federal and international copyrights, are reserved by Life Technologies or their respective owners.
COPYRIGHT
The Software, including its structure, organization, code, user interface and associated Documentation, is a proprietary product of Life Technologies or its suppliers, and is protected by international laws of copyright. The law provides for civil and criminal penalties for anyone in violation of the laws of copyright.
LICENSE
USE OF THE SOFTWARE
Subject to the terms and conditions of this Agreement, Life Technologies grants the purchaser of this product a non-exclusive, non-transferable license, with no rights to sublicense, to install and/or use the Software only in object code (machine readable) format and only on single computers owned or controlled by you (or in a single network, if your Software is designated as a network version) for the sole purpose of managing, analyzing, viewing, editing, reporting and/or printing data provided by Life Technologies or generated by Life Technologies instruments for research use only.
If the software uses registration codes, access to the number of licenses copies of Software is controlled by a registration code. For example, if you have a registration code that enables you to use three copies of Software simultaneously, you cannot install Software on more than three separate computers.
You may make one copy of the Software in machine-readable form solely for backup or archival purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original. You may not make any other copies of the Software.
RESTRICTIONS
Unless permitted by applicable law, and in such cases only to the extent permitted by such law:
1. You shall not copy, transfer (except temporarily in the event of a computer malfunction), rent, modify, distribute, electronically transmit, lend, lease, use, create derivative works based on the Software or merge the Software, or the associated Documentation, in whole or in part, whether alone or combined with any other products, except as expressly permitted in this Agreement.
2. You shall not reverse assemble, decompile, discover the source code or otherwise reverse engineer the Software.
3. You shall not remove any proprietary, copyright, trade secret or warning legend from the Software or any Documentation.
4. You agree to comply fully with all export laws and restrictions and regulations of the United States or applicable foreign agencies or authorities. You agree that you will not export or reexport, directly or indirectly, the Software and the Documentation into any country prohibited by the United States Export Administration Act and the regulations thereunder or other applicable United States law.
5. You may not use the Software or Documentation for the benefit of any third party by means of an outsourcing or service bureau relationship or for any similar commercial time-sharing or third-party training use.
6. You agree to use Software, and data generated by Software, for the sole purpose of review and analysis of data generated by Life Technologies instruments.
TRIAL
If this license is granted on a trial basis, you are hereby notified that license management software may be included to automatically cause the Software to cease functioning at the end of the trial period (and in any case you agree to discontinue usage at the end of the trial period or at the express written request of Life Technologies).
TERMINATION
You may terminate this Agreement by discontinuing use of the Software, removing all copies from your computers and storage media, and returning the Software and Documentation, and all copies thereof, to Life Technologies. Life Technologies may terminate this Agreement if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove all copies from your computers and storage media, and return the Software and Documentation, and all copies thereof, to Life Technologies.
U.S. GOVERNMENT END USERS
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
EUROPEAN UNION END USERS
If this Software is used within a country of the European Union, nothing in this Agreement shall be construed as restricting any rights available under Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs.
YOU ACKNOWLEDGE THAT LIFE TECHNOLOGIES HAS NO CONTROL OVER THE SPECIFIC CONDITIONS UNDER WHICH YOU USE THE SOFTWARE. LICENSOR CANNOT AND DOES NOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR ANY PARTICULAR RESULTS THAT MAY BE OBTAINED BY THE USE OF THE SOFTWARE. THE SOFTWARE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE. The warranties, if any, made by Life Technologies may be voided by abuse or misuse of the Software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIFE TECHNOLOGIES OR ITS SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH OR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE, THE GENERATED DATA OR DOCUMENTATION, EVEN IF LIFE TECHNOLOGIES IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR EXPENSES ARISING FROM OR RELATED TO, OR ALLEGED TO HAVE ARISEN FROM OR BE RELATED TO, LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF LIFE TECHNOLOGIES AND ITS SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION OR GENERATED DATA, SHALL NOT EXCEED, IN THE AGGREGATE, THE PURCHASE PRICE OF THE PRODUCT.
SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
CONFIDENTIALITY
You agree to protect Life Technologies Confidential Information with the same degree of care used to protect your own confidential information (but in no event less than a reasonable standard of care), and not to use or disclose any portion of such Confidential Information to third parties, except as expressly authorized in this Agreement. You acknowledge that the Software, including its content, structure, organization and design constitute proprietary and valuable trade secrets (and other intellectual property rights) of Life Technology and/or its licensors. The term "Confidential Information" means, collectively, non-public information that Life Technologies (and its licensors) provide and reasonably consider to be of a confidential, proprietary or trade secret nature, including but not limited to (i) the Software, and (ii) confidential elements of the Software and Life Technologies (and its licensors) technology and know-how, whether in tangible or intangible form, whether designated as confidential or not, and whether or not stored, compiled or memorialized physically, electronically, graphically, photographically, or in writing. Confidential Information does not include any information which you can demonstrate by credible evidence: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through no fault of yours; (b) was rightfully known to you prior to the time of its disclosure, or to have been independently developed by you without use of Confidential Information; and/or (C) is subsequently learned from a third party not under a confidentiality obligation with respect to such Confidential Information. Confidential Information that is required to be disclosed by you pursuant to a duly authorized subpoena, court order, or government authority shall continue to be Confidential Information for all other purposes and you agree, prior to disclosing pursuant to a subpoena, court order, or government authority, to provide prompt written notice and assistance to Life Technologies prior to such disclosure, so that Life Technologies may seek a protective order or other appropriate remedy to protect against disclosure.
SOFTWARE IMPROVEMENTS
You acknowledge and agree that any ideas, enhancements, modifications, and the like disclosed by you to Life Technologies with respect to the Software ("Software Improvements and Feedback") will be the property of Life Technologies. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Software Improvements and Feedback to Life Technologies and agree to assist Life Technologies, at Life Technologies' expense, in perfecting and enforcing Life Technologies rights thereto and ownership thereof. You acknowledge and agree that Life Technologies may use such Software Improvements and Feedback for its business purposes without restriction.
GENERAL
This Agreement shall be governed by laws of the State of California, exclusive of its conflict of laws provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The controlling language of this Agreement, and any proceedings relating to this Agreement, shall be English. You agree to bear any and all costs of translation, if necessary. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. All questions concerning this Agreement shall be directed to: Life Technologies Corporation, 5781 Van Allen Way, Carlsbad, CA 92008, Attention: Legal Department.
Unpublished rights reserved under the copyright laws of the United States. Life Technologies Corporation, 5781 Van Allen Way, Carlsbad, CA 92008.
Life Technologies is a trademark of Life Technologies Corporation or its subsidiaries in the U.S. and certain other countries.
All other trademarks are the sole property of their respective owners.
July 15, 2020
Appendix 1
Life Technologies Corporation
Third Party Copyright Notices and Licenses
SERVICE & SUPPORT TELEMETRY MODULE SOFTWARE VERSION 2.0.1
This software uses third party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners as indicated below. Various licenses require distribution of source code or if a link is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by license, offer to provide source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license or certain notices. Such licenses and notices may be found in this appendix.
Asn1crypto Copyright (C) 2015-2018 Will Bond
Six Copyright (C) 2010-2018 Benjamin Peterson
The MIT License
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.
Boto3
Botocore
Pelix
S3transfer
Apache License
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"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.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" 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. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. 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.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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.
8. 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 any Contributor 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 such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
Concurrent
The Python Software Foundation License Version 2
1. This LICENSE AGREEMENT is between the Python Software Foundation
("PSF"), and the Individual or Organization ("Licensee") accessing and
otherwise using this software ("Python") in source or binary form and
its associated documentation.
2. Subject to the terms and conditions of this License Agreement, PSF
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python
alone or in any derivative version, provided, however, that PSF's
License Agreement and PSF's notice of copyright, i.e., "Copyright (C)
2001, 2002, 2003, 2004, 2005, 2006 Python Software Foundation; All Rights
Reserved" are retained in Python alone or in any derivative version
prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Python.
4. PSF is making Python available to Licensee on an "AS IS"
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between PSF and
Licensee. This License Agreement does not grant permission to use PSF
trademarks or trade name in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
8. By copying, installing or otherwise using Python, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
Paho
Eclipse Distribution License - v 1.0
Copyright (C) 2007, Eclipse Foundation, Inc. and its licensors.
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.
* Neither the name of the Eclipse Foundation, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
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.
AND
Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i)changes to the Program, and
ii)additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 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. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
## Docutils
Public Domain Dedication
The persons who have associated their work with this project (the "Dedicator": David Goodger and the many contributors to the Docutils project) hereby dedicate the entire copyright, less the exceptions listed below, in the work of authorship known as "Docutils" identified below (the "Work") to the public domain.
The primary repository for the Work is the Internet World Wide Web site . The Work consists of the files within the "docutils" module of the Docutils project Subversion repository (Internet host docutils.svn.sourceforge.net, filesystem path /svnroot/docutils), whose Internet web interface is located at . Files dedicated to the public domain may be identified by the inclusion, near the beginning of each file, of a declaration of the form:
Copyright: This document/module/DTD/stylesheet/file/etc. has been
placed in the public domain.
Dedicator makes this dedication for the benefit of the public at large and to the detriment of Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.
Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.
## Dateutil
Copyright (C) 2003-2011 - Gustavo Niemeyer
Copyright (C) 2012-2014 - Tomi Pievilainen
Copyright (C) 2014 - Yaron de Leeuw
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.
* Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
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.
## Enum
Copyright (C) 2013, Ethan Furman.
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.
Neither the name Ethan Furman nor the names of any
contributors may be used to endorse or promote products
derived from this software without specific prior written
permission.
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 HOLDER 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.
## Jmespath
Copyright (C) 2013 Amazon.com, Inc. or its affiliates. All Rights Reserved
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, dis-
tribute, sublicense, and/or sell copies of the Software, and to permit
persons to whom the Software is furnished to do so, subject to the fol-
lowing 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 MERCHANTABIL-
ITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT
SHALL THE AUTHOR 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.
## Oscrypto
Copyright (C) 2015-2018 Will Bond
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.
## Pubsub
Copyright (C) since 2006, Oliver Schoenborn
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. 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.
###END OF (2) SERVICE & SUPPORT TELEMETRY MODULE SOFTWARE VERSION 2.0.1 END USER LICENSE AGREEMENT
****************************************************
(3) BEGINS:
========================================
LIFE TECHNOLOGIES CORPORATION
END USER LICENSE AGREEMENT and LIMITED PRODUCT WARRANTY
FOR ION CHEF(TM) INSTRUMENT SOFTWARE VERSION 5.18 INSTRUMENT OPERATING SOFTWARE
NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND LIFE TECHNOLOGIES CORPORATION ("LIFE TECHNOLOGIES") REGARDING THE OPERATING SOFTWARE FOR YOUR LIFE TECHNOLOGIES WORKSTATION OR OTHER INSTRUMENT AND BUNDLED SOFTWARE INSTALLED WITH YOUR OPERATING SOFTWARE. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND LIMITATIONS. YOUR INSTALLATION AND USE OF THIS LIFE TECHNOLOGIES SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT, AND YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS IF YOU INSTALL AND USE THE SOFTWARE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THIS SOFTWARE, TOGETHER WITH ALL PACKAGING, TO LIFE TECHNOLOGIES AND YOUR PURCHASE PRICE WILL BE REFUNDED.
This Life Technologies End User License Agreement accompanies a Life Technologies software product ("Software") and related explanatory materials ("Documentation"). The term "Software" also includes any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Life Technologies. The term "License" or "Agreement" means this End User Software License Agreement. The term "you" or "Licensee" means the purchaser or user of this license to the Software. This Agreement includes herein by reference any additional use restrictions or Limited Use Label Licenses listed in or on user manuals, labeling, product inserts, technical notes, literature (including but not limited to Documentation) and/or splash screens related to this Software ("Supplemental Terms"). To the extent such Supplemental Terms are more restrictive than those contained herein, the more restrictive usage terms shall control.
This Software may use third-party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners. Various components require distribution of source code or if a URL is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by the license, offer to provide the source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license. Such licenses, if any, may be found in Appendix 1 below. In order to use this Software, the end-user must abide by the terms and conditions of these third-party licenses.
TITLE
Title, ownership rights and intellectual property rights in and to the Software and Documentation shall at all times remain with Life Technologies and its subsidiaries, and their suppliers. All rights not specifically granted by this License, including Federal and international copyrights, are reserved by Life Technologies or their respective owners.
COPYRIGHT
The Software, including its structure, organization, code, user interface and associated Documentation, is a proprietary product of Life Technologies or its suppliers, and is protected by international laws of copyright. The law provides for civil and criminal penalties for anyone in violation of the laws of copyright.
LICENSE
USE OF THE SOFTWARE
Subject to the terms and conditions of this Agreement, Life Technologies grants the purchaser of this product a non-exclusive, non-transferable (except in connection with the sale of the instrument on which it is hereby pre-installed) license, with no rights to sublicense, only to use the Software in object code (machine readable) format only on the single instrument on which it has been pre-installed by Life Technologies.
RESTRICTIONS
Unless permitted by applicable law, and in such cases only to the extent permitted by such law:
1. You shall not copy, transfer (except temporarily in the event of a computer malfunction), rent, modify, distribute, electronically transmit, lend, lease, use, create derivative works based on the Software or merge the Software, or the associated Documentation, in whole or in part, whether alone or combined with any other products, except as expressly permitted in this Agreement.
2. You shall not reverse assemble, decompile, discover the source code or otherwise reverse engineer the Software.
3. You shall not remove any proprietary, copyright, trade secret or warning legend from the Software or any Documentation.
4. You agree to comply fully with all export laws and restrictions and regulations of the United States or applicable foreign agencies or authorities. You agree that you will not export or reexport, directly or indirectly, the Software and the Documentation into any country prohibited by the United States Export Administration Act and the regulations thereunder or other applicable United States law.
5. You may not use the Software or Documentation for the benefit of any third party by means of an outsourcing or service bureau relationship or for any similar commercial time-sharing or third-party training use.
6. You shall not sell, rent, transfer, resell for profit, or distribute this license or the Software, or any part thereof or any interest therein, unless the next user agrees to comply with the terms of this End User License Agreement.
VERIFICATION
At the written request of Life Technologies, not more frequently than annually, you shall furnish Life Technologies with a signed certification verifying that the Software is being used pursuant to the provisions of this License.
TRIAL
If this license is granted on a trial basis, you are hereby notified that license management software may be included to automatically cause the Software to cease functioning at the end of the trial period (and in any case you agree to discontinue usage at the end of the trial period or at the express written request of Life Technologies).
TERMINATION
You may terminate this Agreement by discontinuing use of the Software, removing all copies from your computers and storage media, and returning the Software and Documentation, and all copies thereof, to Life Technologies. Life Technologies may terminate this Agreement if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove all copies from your computers and storage media, and return the Software and Documentation, and all copies thereof, to Life Technologies.
U.S. GOVERNMENT END USERS
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
EUROPEAN UNION END USERS
If this Software is used within a country of the European Union, nothing in this Agreement shall be construed as restricting any rights available under Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs.
LIMITED WARRANTY AND LIMITATION OF REMEDIES
Limited Warranty. Life Technologies warrants that, except for Software provided on a trial basis, for a period of ninety days from the beginning of the applicable warranty period (as described below) the Software will, under normal use and as unmodified, function substantially in accordance with the functions and features described in the Documentation delivered with the Software when properly installed, and that for a period of ninety days from the beginning of the applicable warranty period (as described below) the tapes, CDs, diskettes or other media bearing the Software will be free of defects in materials and workmanship under normal use.
The above warranties do not apply to defects resulting from misuse, neglect, or accident, including without limitation: operation outside of the environmental or use specifications, or not in conformance with the instructions for any instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products not supplied or authorized by Life Technologies; and modification or repair of the products not authorized by Life Technologies.
Warranty Period Commencement Date. The applicable warranty period for software begins on the earlier of the date of installation or three (3) months from the date of shipment for software installed by Life Technologies personnel. For software installed by the purchaser or anyone other than Life Technologies, the warranty period begins on the date the software is delivered to you. The applicable warranty period for media begins on the date the media is delivered to the purchaser.
LIFE TECHNOLOGIES MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DATA GENERATED FROM THE USE OF THE SOFTWARE ("GENERATED DATA") OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT OR NON-MISSAPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFE TECHNOLOGIES MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, WILL OPERATE IN COMBINATION WITH THIRD PARTY HARDWARE OR SOFTWARE PRODUCTS, OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT LIFE TECHNOLOGIES WILL CORRECT ALL PROGRAM ERRORS. LIFE TECHNOLOGIES SOLE LIABILITY AND RESPONSIBILITY FOR BREACH OF WARRANTY RELATING TO THE SOFTWARE OR DOCUMENTATION SHALL BE LIMITED, AT LIFE TECHNOLOGIES SOLE OPTION, TO (1) CORRECTION OF ANY ERROR IDENTIFIED TO LIFE TECHNOLOGIES IN A WRITING FROM YOU IN A SUBSEQUENT RELEASE OF THE SOFTWARE, WHICH SHALL BE SUPPLIED TO YOU FREE OF CHARGE, (2) ACCEPTING A RETURN OF THE PRODUCT, AND REFUNDING THE PURCHASE PRICE UPON RETURN OF THE PRODUCT AND REMOVAL OF ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTERS AND STORAGE DEVICES, (3) REPLACEMENT OF THE DEFECTIVE SOFTWARE WITH A FUNCTIONALLY EQUIVALENT PROGRAM AT NO CHARGE TO YOU, OR (4) PROVIDING A REASONABLE WORK AROUND WITHIN A REASONABLE TIME. LIFE TECHNOLOGIES SOLE LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT FOR BREACH OF WARRANTY RELATING TO MEDIA IS THE REPLACEMENT OF DEFECTIVE MEDIA RETURNED WITHIN 90 DAYS OF THE DELIVERY DATE. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. WARRANTY CLAIMS MUST BE MADE WITHIN THE APPLICABLE WARRANTY PERIOD.
YOU ACKNOWLEDGE THAT LIFE TECHNOLOGIES HAS NO CONTROL OVER THE SPECIFIC CONDITIONS UNDER WHICH YOU USE THE SOFTWARE. ACCORDINGLY, EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, LICENSOR CANNOT AND DOES NOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR ANY PARTICULAR RESULTS THAT MAY BE OBTAINED BY THE USE OF THE SOFTWARE. THE SOFTWARE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE. The warranties made by Life Technologies may be voided by abuse or misuse of the Software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIFE TECHNOLOGIES OR ITS SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH OR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE, THE GENERATED DATA OR DOCUMENTATION, EVEN IF LIFE TECHNOLOGIES IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR EXPENSES ARISING FROM OR RELATED TO, OR ALLEGED TO HAVE ARISEN FROM OR BE RELATED TO, LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF LIFE TECHNOLOGIES AND ITS SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION OR GENERATED DATA, SHALL NOT EXCEED, IN THE AGGREGATE, THE PURCHASE PRICE OF THE PRODUCT.
SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
CONFIDENTIALITY
You agree to protect Life Technologies Confidential Information with the same degree of care used to protect your own confidential information (but in no event less than a reasonable standard of care), and not to use or disclose any portion of such Confidential Information to third parties, except as expressly authorized in this Agreement. You acknowledge that the Software, including its content, structure, organization and design constitute proprietary and valuable trade secrets (and other intellectual property rights) of Life Technology and/or its licensors. The term "Confidential Information" means, collectively, non-public information that Life Technologies (and its licensors) provide and reasonably consider to be of a confidential, proprietary or trade secret nature, including but not limited to (i) the Software, and (ii) confidential elements of the Software and Life Technologies (and its licensors') technology and know-how, whether in tangible or intangible form, whether designated as confidential or not, and whether or not stored, compiled or memorialized physically, electronically, graphically, photographically, or in writing. Confidential Information does not include any information which you can demonstrate by credible evidence: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through no fault of yours; (b) was rightfully known to you prior to the time of its disclosure, or to have been independently developed by you without use of Confidential Information; and/or (C) is subsequently learned from a third party not under a confidentiality obligation with respect to such Confidential Information. Confidential Information that is required to be disclosed by you pursuant to a duly authorized subpoena, court order, or government authority shall continue to be Confidential Information for all other purposes and you agree, prior to disclosing pursuant to a subpoena, court order, or government authority, to provide prompt written notice and assistance to Life Technologies prior to such disclosure, so that Life Technologies may seek a protective order or other appropriate remedy to protect against disclosure.
SOFTWARE IMPROVEMENTS
You acknowledge and agree that any ideas, enhancements, modifications, and the like disclosed by you to Life Technologies with respect to the Software ("Software Improvements and Feedback") will be the property of Life Technologies. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Software Improvements and Feedback to Life Technologies and agree to assist Life Technologies, at Life Technologies' expense, in perfecting and enforcing Life Technologies rights thereto and ownership thereof. You acknowledge and agree that Life Technologies may use such Software Improvements and Feedback for its business purposes without restriction.
GENERAL
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May 26, 2022
Appendix 1
Life Technologies Corporation
Third Party Copyright Notices and Licenses
Ion Chef Instrument Software(TM) VERSION 5.18 INSTRUMENT OPERATING SOFTWARE
This software uses third party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners as indicated below. Various licenses require distribution of source code or if a link is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by license, offer to provide source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license or certain notices. Such licenses and notices may be found in this appendix.
3-clause BSD License
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Copyright (C) 2010-2013, Advanced Micro Devices, Inc., all rights reserved. Copyright (C) 2015-2016, OpenCV Foundation, all rights reserved. Copyright (C) 2015-2016, Itseez Inc., all rights reserved.
Copyright (C) 2019-2020, Xperience AI, all rights reserved. Third party copyrights are property of their respective owners.
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END OF TERMS AND CONDITIONS
## MIT derivative curl
Copyright (C) 1996 - 2022, Daniel Stenberg, daniel@haxx.se, and many contributors, see the THANKS
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GPL v2
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###CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
--------------------------------------------------
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GPL v2 mtd-utils
http://git.infradead.org/mtd-utils.git/blob/HEAD:/COPYING
GNU LESSER GENERAL PUBLIC LICENSE Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
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Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the
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strategy to use in any particular case, based on the explanations below.
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When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.
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## GNU LESSER GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally
accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.
7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise
permitted, and provided that you do these two things:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library
facilities. This must be distributed under the terms of the
Sections above.
b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining
where to find the accompanying uncombined form of the same work.
8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your
rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.
10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library
subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties with this License.
11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent
license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries,
so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
13. The Free Software Foundation may publish revised and/or new versions of the Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version,
but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Library does not specify a
license version number, you may choose any version ever published by the Free Software Foundation.
14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
GPL v2
Linux Kernel
https://www.kernel.org/doc/html/v4.18/process/license-rules.html#:~:text=The%20Linux%20Kernel%
20is%20provideddescribed%20in%20the%20COPYING%20file
GNU GENERAL PUBLIC LICENSE Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Mozilla Public License, v. 2.0
DHCP
Mozilla Public License
Version 2.0
1. Definitions
1.1. "Contributor"
means each individual or legal entity that creates, contributes to the creation of, or owns Covered
Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used by a Contributor and that particular
Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or that the Covered Software was made available under the terms of version 1.1 or earlier of the License,
but not also under the terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in a separate file or files, that is not
Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means 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.
1.10. "Modifications"
means any of the following:
any file in Source Code Form that results from an addition to, deletion from, or modification of the
contents of Covered Software; or
any new file in Source Code Form that contains any Covered Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become effective for each
Contribution on the date the Contributor first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:
for any code that a Contributor has removed from Covered Software; or for infringements caused by: (i) Your and any other third party's modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or
under Patent Claims infringed by Covered Software in the absence of its Contributions.
T. his License does not grant any rights in the trademarks, service marks, or logos of any Contributor
(except as may be necessary to comply with the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients' rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and
You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).
3.4. Notices
You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of
liability specific to any jurisdiction.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Termination
5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time
You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability
for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
8. Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party's ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the
MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in
a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership. Exhibit B - "Incompatible With Secondary Licenses" Notice
This Source Code Form is "Incompatible With Secondary Licenses", as defined by the Mozilla Public
License, v. 2.0.
## Private PTC CUSTOMER AGREEMENT Axeda Agent Embedded
=======================================================================
PTC CUSTOMER AGREEMENT
THIS PTC CUSTOMER AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL, OR
THE COMPANY OR OTHER ORGANIZATION ON WHOSE BEHALF SUCH INDIVIDUAL ACCEPTS THIS AGREEMENT,
THAT EITHER (A) CLICKS THE "I ACCEPT" BUTTON BELOW OR (B) INSTALLS, ACCESSES,
OR USES ANY
SOFTWARE OR DOCUMENTATION FROM PTC ("CUSTOMER"), AND PTC INC. OR, IF THE PURCHASE WAS MADE IN
A COUNTRY SPECIFIED ON SCHEDULE A TO THIS AGREEMENT, THE PTC AFFILIATE SPECIFIED ON SCHEDULE A
(AS APPLICABLE, "PTC").
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING THIS
AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR BY INSTALLING, ACCESSING, OR USING
ANY SOFTWARE OR DOCUMENTATION FROM PTC, CUSTOMER HEREBY AGREES TO BE BOUND BY THIS
AGREEMENT AND REPRESENTS THAT IT IS AUTHORIZED TO DO SO.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR IF YOU DO NOT HAVE AUTHORITY TO
BIND THE COMPANY OR OTHER ORGANIZATION ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT,
CLICK THE "I DECLINE" BUTTON AND RETURN TO PTC THE SOFTWARE AND DOCUMENTATION PRODUCTS
PROVIDED TOGETHER WITH THIS AGREEMENT IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED WHEN
YOU CLICK THE "I DECLINE" BUTTON. NOTE THAT FAILURE TO COMPLY WITH SUCH INSTRUCTIONS WITHIN
THE TIME PERIOD SPECIFIED WILL VOID ANY RIGHT YOU WOULD OTHERWISE HAVE HAD FOR A REFUND OF
ANY FEES PAID. EACH ORDER FOR LICENSED PRODUCTS MAY NOT BE CANCELLED ONCE THIS AGREEMENT
HAS BEEN ACCEPTED.
IF CUSTOMER DID NOT OBTAIN THE LICENSED PRODUCT FROM PTC DIRECTLY, FROM AN AUTHORIZED PTC
DISTRIBUTOR OR RESELLER OR FROM THE PTC ONLINE STORE (AT WWW.PTC.COM), CUSTOMER IS USING AN
ILLEGALLY OBTAINED UNLICENSED VERSION OF THE APPLICABLE LICENSED PRODUCT. PTC REGARDS
SOFTWARE PIRACY AS THE CRIME IT IS AND PURSUES (BOTH CIVILLY AND CRIMINALLY) THOSE WHO TAKE
PART IN THESE ACTIVITIES. AS PART OF THESE EFFORTS, PTC UTILIZES DATA MONITORING AND SCOURING
TECHNOLOGIES TO OBTAIN AND TRANSMIT TO PTC DATA ON USERS OF ILLEGAL COPIES OF LICENSED
PRODUCTS. IF CUSTOMER IS USING AN ILLEGAL COPY OF SOFTWARE, CEASE USING THE ILLEGAL VERSION
AND CONTACT PTC TO OBTAIN A LEGALLY LICENSED COPY. BY USING THIS SOFTWARE, YOU CONSENT TO THE
COLLECTION, USE, AND TRANSFER OF PERSONAL DATA (INCLUDING TO THE UNITED STATES) FOR THE
PURPOSES OF IDENTIFYING USERS OF ILLEGAL COPIES OF OUR SOFTWARE. SUCH CONSENT SHALL BE BINDING
ON ANY USERS OF THIS SOFTWARE, INCLUDING USERS OTHER THAN YOU.
IN ORDER TO UNDERSTAND THE PREFERENCES OF OUR SOFTWARE USERS, PTC USES DATA MONITORING
TECHNOLOGIES TO OBTAIN AND TRANSMIT DATA ON SYSTEM USE AND PERFORMANCE AND FOR GATHERING
USER DATA AND USE METRICS ON USERS OF OUR SOFTWARE. WE WILL SHARE THIS DATA WITHIN PTC, ITS
AFFILIATED COMPANIES AND OUR BUSINESS PARTNERS, INCLUDING WITHIN THE UNITED STATES AND
ELSEWHERE FOR TECHNICAL AND MARKETING PURPOSES AND WILL ENDEAVOR TO ENSURE THAT ANY SUCH
DATA TRANSFERRED IS APPROPRIATELY PROTECTED. OUR COMMERCIAL LICENSES PERMIT USERS TO OPT OUT OF THIS DATA COLLECTION AND OUR STUDENT/EDUCATIONAL VERSIONS ONLY COLLECT DATA ON
SYSTEM USE AND PERFORMANCE. OUR FREE AND TRIAL VERSIONS OF SOFTWARE DO NOT ALLOW USERS TO
OPT-OUT OF THIS DATA COLLECTION, INCLUDING USER DATA.
IF YOU ARE USING PTC SOFTWARE, VISITING A PTC WEBSITE OR COMMUNICATING ELECTRONICALLY WITH US
FROM A COUNTRY OTHER THAN THE UNITED STATES, VARIOUS COMMUNICATIONS WILL NECESSARILY
RESULT IN A TRANSFER OF THIS INFORMATION ACROSS INTERNATIONAL BOUNDARIES.
IF YOU DO NOT CONSENT TO THE COLLECTION AND/OR TRANSMISSION (INCLUDING TO THE UNITED STATES)
OF YOUR DATA AS DESCRIBED ABOVE, DO NOT DOWNLOAD OR USE PTC SOFTWARE. BY (I) USING FREE OR
TRIAL SOFTWARE OR (II) NOT OPTING-OUT OF THE COLLECTION OF CERTAIN PERSONAL DATA AS YOU ARE
ABLE TO WITH PTC COMMERCIAL SOFTWARE, YOU CONSENT TO PTC'S COLLECTION, USE, AND TRANSFER OF
YOUR PERSONAL DATA (INCLUDING TO THE UNITED STATES).
CAPITALIZED TERMS NOT DEFINED IN THE TEXT BELOW ARE DEFINED IN SCHEDULE B AT THE END OF THIS
AGREEMENT.
SCHEDULE A TO THIS AGREEMENT CONTAINS ADDITIONAL (OR ALTERNATIVE) TERMS APPLICABLE TO
SPECIFIC GEOGRAPHIES.
### PTC Clickwrap Customer Agreement - Rev. 12/14
1. License.
1.1 License Grant. Subject to the terms and conditions of this Agreement, PTC hereby grants to Customer a non-exclusive, revocable, non-transferable license, without any right to sub-license, to install and use the Licensed
Products identified in the Quote
during the applicable License Term, solely for Customer's internal business purposes and solely in accordance with the applicable
usage and license-type restrictions identified in the Quote and in the Licensing Basis Webpage
("License"). Notwithstanding the foregoing:
(a) If the Licensed Product is being provided by PTC on an "evaluation" or "trial" basis, such License will be instead to
install and use the Licensed Product solely to evaluate such Licensed Products, and Customer agrees not to use the
Licensed Product in any commercial applications or for productive purposes.
(b) If the Licensed Software is Educational Software, Customer must be enrolled in, or employed by, an accredited, academic
institution, and shall use the Licensed Software solely for educational purposes in a degree-granting program. If Customer
does not meet one of these qualifications, Customer has no rights under this Agreement. Without limitation, non educational research or funded educational research conducted using the facilities of an academic institution or under an
academic name does not qualify as "educational purposes" and use of Educational Software for such purposes represents a
violation of the terms of this Agreement.
(C) If the Licensed Software is sold on a "demo and test" or "non-production" basis (or similar designation), such Licensed
Software may not be used in a production environment.
1.2 Designated Country/Computers/Networks. Subject to Section 1.3, Customer may only install and operate Licensed Products on
the applicable Designated Computers or Designated Networks on computer systems and networks situated in the applicable
Designated Country. Customer may, from time to time, change the Designated Computer, Designated
Network, and/or the
Designated Country in which Customer seeks to install or operate a Licensed Product, provided that in each case (i) Customer shall
give prior written notice to PTC of any such change, and (ii) upon moving the Licensed Products to a different Designated Country,
Customer shall pay all applicable Uplift Fees. Notwithstanding the foregoing, Registered Users need not be located in the
Designated Country when accessing a Registered User Product.
1.3 Global/Restricted Global Licenses. If a Concurrent User Licensed Product is licensed by PTC on a
"Global" or "Restricted
Global" basis, Section 1.2 shall not apply to such Licensed Products and the following provisions shall apply instead:
(i) Global Licenses. Subject to the other requirements of this Agreement, a Global License allows the
Customer to install,
operate and use such Licensed Product at any Customer site(s) throughout the world.
(ii) Restricted Global Licenses. Subject to the other requirements of this Agreement, a Restricted
Global License allows the
Customer to install, operate and use such Licensed Product at any Customer site(s) located in the
Designated Country
and/or in any Permitted Country. "Permitted Countries" means China, India, Russia, the Czech
Republic, Poland,
Hungary, Malaysia, South Africa, Israel, Mexico, Brazil, Argentina, and Romania.
1.4 Additional Restrictions on Use. Customer shall not permit any persons who are not Permitted Users to access or use the
Licensed Products. Customer shall not and shall not permit any third party(ies) to:
(i) modify or create any derivative work of any part of the Licensed Products;
(ii) rent, lease, or loan the Licensed Products;
(iii) use the Licensed Products, or permit them to be used, for third-party training, to deliver software implementation or
consulting services to any third parties, or for commercial time-sharing or service bureau use;
(iv) disassemble, decompile or reverse engineer the Licensed Products or the file format of the Licensed
Products, or otherwise
attempt to gain access to the source code or file format of the Licensed Products, except as expressly permitted in
Schedule A, if applicable;
(v) sell, license, sublicense, loan, assign, or otherwise transfer (whether by sale, exchange, gift, operation of law, or
otherwise) to any third party the Licensed Products, any copy thereof, or any License or other rights thereto, in whole or in
part, without in each case obtaining PTC's prior written consent, except to the extent that any of the foregoing are
explicitly authorized in the Quote and/or the Licensing Basis Webpage;
(vi) alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or
in any copies of the Licensed Products; and
(vii) copy or otherwise reproduce the Licensed Products in whole or in part, except (a) as may be required for their installation
into computer memory for the purpose of executing the Licensed Products in accordance with this
Section 1, and/or (b) to
make a reasonable number of copies solely for back-up purposes (provided that any such permitted copies shall be the
property of PTC, and Customer shall reproduce thereon all PTC copyright, trade secret, patent, trademark, logo,
proprietary and/or other legal notices contained in the original copy of the Licensed Product obtained from PTC).
If Customer uses any unlicensed or unauthorized copies of any PTC software, Customer agrees that,
without limiting PTC's right to
terminate this Agreement for breach in accordance with Section 7 and without limiting any other remedies to which PTC may be entitled, Customer will pay to PTC the PTC then-current list price for all such unlicensed software, in addition to any fines or
penalties that may be imposed by law.
1.5 Additional Restrictions on Use Applicable to Concurrent User Products. If the Licensed Product is a
Concurrent User Product,
the following provisions apply:
(i) The number of Permitted Users accessing or operating a Concurrent User Product at any point in time may not exceed the
number of Licenses in effect at such time for that particular Licensed Product.
(ii) Except with respect to Integrity and Implementer Products, only Permitted Users physically located in the Designated
Country may access, operate and/or use the Licensed Products. Permitted Users who are not employees of Customer may
use the Licensed Products while physically located at Customer's site only.
(iii) Where a Concurrent User Product is Licensed on a "fixed," "locked" or "node-locked" basis, or the
Licensed Product is
licensed as a "Designated Computer" product, such Licensed Product is licensed to operate solely on the Designated
Computer on which it is installed.
1.6 Additional Restrictions on Use Applicable to Registered User Products. A License is required for each individual who accesses
a Registered User product or the data contained therein, whether directly or through a web portal or other mechanism for "batching"
or otherwise achieving indirect access to the Licensed Product or such data. Generic or shared log-ins are not permitted. Customer
may add and/or substitute from time to time new Registered Users as long as the aggregate number of
Registered Users does not
exceed at any point in time the number of Licenses in effect at such time for that particular Licensed
Product and, provided further,
that if a person who was previously a Registered User returns to Registered User status, a new License fee must be paid to PTC at
PTC's then current rates.
1.7 Additional Restrictions on Use Applicable to Designated Server Products. Each Designated Server product may only be used on
the computer server that is designated by the Customer in connection with the initial installation of such product and that has one
unique instance of the applicable installed product application. In the event a computer server is partitioned in any manner
(physically, logically or otherwise), the reference in the preceding sentence to "computer server" shall mean each partition of such
server, and such Designated Server product may only be used on one of such partitions. Customer may, from time to time, change
the Designated Server(s) for a Designated Server Product, and/or the location thereof, provided that in each case (a) Customer shall
give prior written notice to PTC of any such change, and (b) upon transferring the Designated Server
Products to a different
Designated Country, Customer pays all applicable Uplift Fees.
1.8 Third Party Components and Bundled Third Party Products. Certain of the Licensed Products may contain third party software
components for which additional terms apply ("Third Party Components"). The current additional terms are set forth on the Schedule
of Third Party Terms available in the legal policies and guidelines section of http://www.ptc.com. Separately, third party software
products that PTC resells and/or bundles for distribution with the Licensed Products are licensed to
Customer directly by the
manufacturer of such third party software products ("Bundled Third Party Products"). Such Bundled
Third Party Products are also
described on the Schedule of Third Party Terms. Customer agrees that its use of Third Party
Components and/or Bundled Third
Party Products is subject to the terms of the Schedule of Third Party Terms. New Releases containing
Third Party Components or
Bundled Third Party Products may be subject to additional or different third party terms, of which PTC
shall notify the Customer at
the time such New Releases are delivered to the Customer.
1.9 Upgrades: If the Licensed Software was licensed as an upgrade from a previous version, Customer must first be licensed for the
Licensed Software identified by PTC as eligible for the upgrade and Customer must be active on
Support Services for such software.
After installing the upgrade, Licensed Software licensed as an upgrade replaces and/or supplements the product that formed the basis
of Customer's eligibility for the upgrade and Customer may no longer use the original Licensed
Software that formed the basis for
Customer's upgrade eligibility.
2. Compliance.
2.1 License Usage Assessments. To confirm Customer's compliance with the terms and conditions hereof, Customer agrees that
PTC may perform a usage assessment with respect to Customer's use of the Licensed Products. Customer agrees to provide PTC
access to Customer's facilities and computer systems, and cooperation from Customer's employees and consultants, as reasonably
requested by PTC in order to perform such assessment, all during normal business hours, and after reasonable prior notice from PTC.
2.2 Reports. Upon written request from PTC, Customer agrees to provide to PTC an installation and/or usage report with respect to
the Licensed Products (and in the case of Registered User Products, such report shall include a list of all users for whom Customer
has issued a password or other unique identifier to enable such individual to use the Registered User
Product). Such report shall be
certified by an authorized representative of Customer as to its accuracy within ten (10) business days after receipt of any written
request from PTC. For any period in which Customer's use of the Licensed Products exceeds the number and/or the scope of the
Licenses in effect during such period for such Licensed Products, Customer agrees to pay for any such excess usage, including
applicable license and Support Services fees, and without limiting any other rights or remedies to which it is entitled, failure to pay
shall be grounds for termination in accordance with Section 7 hereof.
3. Intellectual Property. PTC and its licensors are the sole owners of the Licensed Products and of any copies of the Licensed
Products, and of all copyright, trade secret, patent, trademark and other intellectual or industrial property rights in and to the Licensed
Products. All copies of the Licensed Products, in whatever form provided by PTC or made by
Customer, shall remain the property of
PTC, and such copies shall be deemed to be on loan to Customer during the License Term. Customer acknowledges that the License
granted hereunder does not provide Customer with title to or ownership of the Licensed Products or any copies thereof, but only a
right of limited use consistent with the express terms and conditions of this Agreement. Customer shall have no rights to the source
code for the Licensed Products, and Customer agrees that only PTC shall have the right to maintain, enhance, or otherwise modify
the Licensed Products.
4. Support Services; Warranty; Disclaimer of Warranties.
See Schedule A for a modified version of this Section 4 for Licensed Products licensed and used in
Germany, Austria or Switzerland.
4.1 Support Services. Upon PTC's acceptance of an order for Support Services or for Licensed
Products for which Usage License
Fees apply, PTC agrees that it or its designated service provider shall provide the applicable Support
Services in accordance with
Schedule C.
4.2 Warranty. PTC warrants to Customer that PTC is authorized to grant the License(s) and that, subject to Section 4.3, the
Licensed Products will be free from Errors for a period of ninety (90) days following PTC's initial shipment to Customer or
Customer's designee of such Licensed Products (the "Warranty Period").
4.3 Warranty Exceptions. PTC shall have no warranty obligations hereunder with respect to any (i)
evaluation, "trial" or "express"
Licenses, (ii) New Releases, (iii) computer software provided to Customer in the course of PTC's delivery of Training Services, (iv)
Errors attributable to the use of the Licensed Product in an application or environment for which it was not designed or contemplated,
(v) Errors attributable to any modifications or customizations of the Licensed Products, (vi) Licensed
Products that are provided by
PTC free of charge to Customer, and/or (vii) Sun Software, Oracle Software and/or Bundled Third
Party Products.
4.4 Sole Remedy. PTC's and its licensors' entire liability and Customer's exclusive remedy for any breach by PTC of the warranty
given in Section 4.2 above shall be, at PTC's sole discretion, either to (a) replace the Licensed Product
(s) or (b) use diligent efforts to
repair the Error. PTC's obligations set forth in the preceding sentence shall apply only if notice of the
Error is received by PTC
within the Warranty Period and Customer supplies such additional information regarding the Error as
PTC may reasonably request.
If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a
workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by
PTC, PTC will provide a refund of the license fees paid by Customer for the applicable Licensed
Product(s) upon return of such
Licensed Product(s) and any copies thereof.
4.5 No Additional Warranties. No third party, including any employee, partner, distributor (including any Reseller) or agent of PTC
or any of its resellers or sales agents, is authorized to give any representations, warranties or covenants greater or different than those
contained in this Agreement with respect to any Licensed Products or Services, except as specifically set forth in a written agreement
signed on behalf of Customer by an authorized officer and on behalf of PTC by its legal counsel or
Corporate Controller.
4.6 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN SECTION 4, PTC DISCLAIMS (AND CUSTOMER
WAIVES) ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WRITTEN OR ORAL, INCLUDING
ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR RETURN
ON INVESTMENT. THE LICENSED PRODUCTS ARE INTENDED TO BE USED BY TRAINED PROFESSIONALS AND
ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, TESTING, SAFETY AND UTILITY. CUSTOMER IS
SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE LICENSED
PRODUCTS, INCLUDING
THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY AND ACCURACY OF ANY ITEM DESIGNED USING
LICENSED PRODUCTS. PTC does not warrant that the operation or other use of the Licensed
Products will be uninterrupted or
error free or will not cause damage or disruption to Customer's data, computers or networks.
5. Indemnification; Infringement.
5.1 PTC's Obligation to Indemnify Customer. PTC, at its own expense, will defend any action brought against Customer based on a
claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its
option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified
promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on
such claim and all negotiations for its settlement or compromise and shall bear the costs of the same
(save where one or more of the
exclusions in Section 5.3 applies); and (C) Customer shall cooperate fully at PTC's expense with PTC
in the defense, settlement or
compromise of such claim. This Section 5 states PTC's sole and exclusive liability, and Customer's sole remedy, for any and all
claims relating to infringement of any intellectual property right.
5.2 PTC's Right to Act to Prevent a Claim. If a claim described in Section 5.1 hereof occurs or, in
PTC's opinion, may occur,
Customer shall permit PTC, at PTC's option and expense to: (a) procure for Customer the right to continue using the Licensed
Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (C)
terminate the applicable Licenses, accept return of the Licensed Products and grant Customer a credit thereon. For Licenses purchased with a perpetual License Term, such credit shall be equal to the License fees paid by
Customer for such Licensed Product
depreciated on a straight-line, five year basis. For Licenses purchased on a term license or subscription basis, such credit shall be
equal to the prepaid license or subscription fees for the remainder of the License Term.
5.3 Exclusions from PTC's Obligation to Indemnify Customer. PTC shall have no liability to Customer under Section 5.1 hereof or
otherwise to the extent that any infringement or claim thereof is based upon: (a) use of the Licensed
Product in combination
with equipment or software not supplied hereunder where the Licensed Product itself would not be infringing; (b) use of the Licensed
Product in an application or environment for which it was not designed or not contemplated under this
Agreement; (C) use of other
than a current release of the Licensed Product(s) provided to Customer; (d) modification of the
Licensed Product by anyone other
than PTC or its employees or agents; or (e) any claims of infringement of any patent, copyright, trade secret, trademark or other
proprietary right in which Customer has an interest.
6. Limitation of Liability.
See Schedule A for a modified version of this Section 6 for Licensed Products licensed and used in
Germany, Austria or Switzerland.
6.1 The warranty and indemnification provisions of Sections 4 and 5 hereof state the entire liability of
PTC, its subsidiaries and
affiliates, and each of their respective directors, officers, employees or agents, with respect to the
Licensed Products and Services,
including (without limitation) any liability for breach of warranty, or for infringement or alleged infringement of patent, copyrights,
trademarks, trade secrets and other intellectual or proprietary rights by the Licensed Products, or their use.
6.2 EXCEPT FOR PTC'S INDEMNIFICATION OBLIGATIONS IDENTIFIED IN SECTION 5.1
ABOVE, THE MAXIMUM
LIABILITY OF PTC AND ITS LICENSORS ARISING OUT OF, OR RELATING TO, THE CREATION, LICENSE,
FUNCTIONING, USE OR SUPPLY OF THE LICENSED PRODUCTS OR THE PROVISION OF SERVICES OR OTHERWISE
RELATING TO THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE,
SHALL NOT, (I) FOR LICENSES PURCHASED ON A PERPETUAL BASIS, EXCEED THE FEES PAID BY CUSTOMER FOR
THE LICENSED PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM AND (II) FOR LICENSES PURCHASED
ON A TERM OR SUBSCRIPTION BASIS, EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAMAGES FOR THE LICENSED PRODUCTS OR SERVICES
THAT GAVE RISE TO THE CLAIM.
6.3 IN NO EVENT SHALL PTC, ITS LICENSORS, ITS AFFILIATES (INCLUDING ITS SUBSIDIARY COMPANIES), OR
ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR: (A) ANY LOSS OF
PROFIT, LOSS OF USE DAMAGES, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS
OF REPUTATION OR LOSS OF ANTICIPATED SAVINGS; (B) ANY LOSS OR INACCURACY OF DATA OR BUSINESS
INFORMATION OR FAILURE OR INADEQUACY OF ANY SECURITY SYSTEM OR FEATURE; AND (C) SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE
HOWSOEVER CAUSED; IN EACH
CASE EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 Customer agrees not to bring any suit or action against PTC, and/or its subsidiaries and affiliates, and/or any of their respective
directors, officers, employees or agents for any reason whatsoever more than one year after the cause of action arises. Customer
recognizes that fees paid by Customer for the Licensed Products and Services are based in part on the disclaimer of warranty and
limitation of liability provisions set forth herein and that, in the absence of Customer's agreement to such terms, the charges for the
Licensed Products would be significantly higher. The limitations and exclusions set forth in this Section
6 shall not apply to any
claim in respect of death or personal injury.
7. Term and Termination.
7.1 Events Causing Termination. This Agreement and all Licenses will terminate:
(a) Automatically and without notice on the following events: (I) Customer's breach of any of clauses
(i) through (vii) of
Section 1.4 or Sections 3 or 8.4 hereof; (II) a receiver, trustee, liquidator, or such similar officer is appointed for Customer
or for any of Customer's properties or assets; (III) Customer makes a general assignment for the benefit of Customer's
creditors; (IV) Customer files a petition for its reorganization, dissolution or liquidation, or such a petition is filed against
Customer and is not dismissed within sixty (60) days thereafter; or (V) Customer ceases doing business or commence
dissolution or liquidation proceedings; or
(b) Thirty (30) days after written notice from PTC specifying a breach (other than as listed in Section
7.1(a) above) of this
Agreement, including failure to make any payment due to either PTC or a Reseller in connection with the Licensed
Products in a timely manner, if that breach is not, within that thirty (30) day period, remedied to PTC's reasonable
satisfaction.
7.2 Effects of Expiration or Termination. Upon expiration of a given License Term and/or any expiration or termination of this
Agreement, Customer shall promptly pay all sums owed by Customer, return to PTC the original copies of all Licensed Products for
which the License Term has expired or has been terminated, destroy and/or delete all copies and backup copies thereof from Customer's computer libraries, storage facilities and/or hosting facilities, and certify in writing by an officer that Customer is in
compliance with the foregoing requirements and that such Licensed Products are no longer in
Customer's possession or in use.
7.3 Survival. Sections 2, 3, 4.6, 5, 6, 7.2, 7.3 and 8 shall survive expiration or termination of this
Agreement.
8. General.
8.1 Governing Law and Jurisdiction. Unless otherwise stated in Schedule A, all disputes arising under, out of, or in any way
connected with this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of
Massachusetts without reference to conflict of laws principles (and specifically excluding the Uniform
Computer Information
Transactions Act). The parties hereby expressly disclaim the application of the U.N. Convention for the
International Sale of Goods.
All disputes arising under, out of, or in any way connected with this Agreement shall be litigated exclusively in the state or federal
courts situated in the Commonwealth of Massachusetts, and in no other court or jurisdiction. Notwithstanding the foregoing or
anything to the contrary, PTC shall have the right to bring a claim in any court of competent jurisdiction to enforce any intellectual
property rights and/or protect any confidential information. Customer agrees that the state and federal courts situated in the
Commonwealth of Massachusetts shall have personal jurisdiction over its person, and Customer hereby irrevocably (i) submits to the
personal jurisdiction of said courts and (ii) consents to the service of process, pleadings, and notices in connection with any and all
actions initiated in said courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and
binding and may be enforced in any other jurisdiction. Each party waives its right to trial by jury in connection with any dispute
arising out of this Agreement.
8.2 Notices. Any notice or communication required or permitted under this Agreement shall be in writing. In the case of notice to
Customer, the notice shall be directed to the address set forth on the Customer's purchase order or to such other address as may be
provided to PTC in writing. In the case of notice to PTC, such notice shall be directed to PTC, 140
Kendrick Street, Needham, MA
02494; Attn: Corporate Controller, with a copy to General Counsel. Any notice provided under this section shall be deemed to have
been received: (a) if given by hand, immediately; (b) if given by mail, five (5) business days after posting; (C) if given by express
courier service, the second business day following dispatch in the jurisdiction of the sender; or (d) if given by fax, upon receipt
thereof by the recipient's fax machine or as stated in the sender's transmission confirmation report as produced electronically by
sender's fax machine.
8.3 Assignment, Waiver, Modification. Customer may not assign, transfer, delegate or sublicense any
of Customer's rights or
obligations hereunder (including without limitation by operation of law or by sale of Customer assets, whether directly or by merger,
and a change in control of Customer shall be deemed to be an "assignment" for purposes of the foregoing) without PTC's prior
written consent, and any such attempted delegation, assignment, transfer or sublicense shall be void and a breach of this Agreement.
No waiver, consent, modification, amendment or change of the terms of this Agreement shall be binding unless in writing and signed
by PTC and Customer. PTC reserves the right to charge a transfer fee for any proposed assignment, transfer or sublicense of this
Agreement.
8.4 Compliance with Laws. Each party shall be responsible for its own compliance with applicable laws, regulations and other legal
requirements relating to the conduct of its business and this Agreement. Further Customer represents and warrants that it will use the
Licensed Products, as well as related technology and services, in full compliance with applicable laws and regulations. Customer
acknowledges and agrees that the Licensed Products and related technical data and services are subject to the export control laws and
regulations of the United States and any country in which the Licensed Products or related technical data or services are developed,
received, downloaded, used, or performed. Further, Customer understands and acknowledges that the release of software or
technology to a non-U.S. person within the United States or elsewhere abroad is deemed to be an export to the non-U.S. person's
home country or countries, and that the transfer of the Licensed Products or related technology to
Customer's employees, affiliates,
or any third party, may require a license from the United States Government and possibly other applicable authorities. Customer shall
be solely responsible for determining whether Customer's use or transfer of the Licensed Products or related technology or services
requires an export license or approval from U.S. or other authorities, and for securing all required authorizations. Customer hereby
warrants and represents that: (x) neither Customer nor any of Customer's directors, officers or affiliates is identified on the U.S.
Commerce Department's Denied Persons List, Entity List, or Unverified List, the U.S. State
Department's Nonproliferation
Sanctions List, the U.S. Treasury Department's List of Specially Designated Nationals and Blocked
Persons or any similar Export
Controls Division-Foreign Affairs and International Trade Canada listing that designates individuals or entities to which export
restrictions apply (collectively, the "Restricted Parties Lists"), (y) except as specifically authorized or licensed by the United States
Government and other applicable authorities, Customer will not sell, offer, transfer, deliver, release, either directly or indirectly, the
Licensed Products or related technology or services to any end-user: (A) that is either located in, a national of, or acting on behalf of
a country subject to U.S. economic embargoes, or (B) that have been designated as prohibited or restricted parties by the U.S.
Government, including but not limited to persons listed on the Restricted Parties Lists, or (C) engaged in activities related to the
design, development, stockpiling, or proliferation of nuclear, chemical, or biological weapons, or missiles or missile systems, or (D)
engaged in maritime nuclear propulsion activities. Customer represents and warrants that it will ensure that any person or entity to
which Customer has granted access to the Licensed Products or related technology or services has been made aware of, and will
comply with, this provision and U.S. and other applicable export control laws and regulations. Unless prohibited by applicable law
and without waiving sovereign immunity, Customer shall indemnify and hold harmless PTC and its employees against any damage,
loss, liability or expense (including attorneys' fees) that PTC may incur as a result of Customer's failure to comply with this Section
8.4. Such indemnification shall survive the expiration or termination of this Agreement.
8.5 Severability. It is intended that this Agreement shall not violate any applicable law and the unenforceability or invalidity of any
provision (other than the provisions obligating Customer to make payments to PTC) shall not affect the force and validity of the
remaining provisions and such provisions determined to be invalid shall be deemed severed from this
Agreement and, to the extent
possible, be replaced with terms which as closely as possible approximate the interest and economic intent of such invalid provisions.
8.6 Entire Agreement. This Agreement is the complete and exclusive statement of the contract between
PTC and Customer
with respect to the subject matter hereof. No waiver, consent, modification, amendment or change of this Agreement shall be binding
unless in writing and signed or otherwise expressly acknowledged by PTC and Customer.
8.7 Third Party Beneficiaries. It is agreed by the parties to this Agreement that PTC's third party licensors are intended
beneficiaries of this Agreement and have the right to rely upon and directly enforce its terms with respect to the products of such
licensors.
8.8 Marketing. Customer agrees that while this Agreement is in effect, PTC shall be authorized to identify Customer as a
customer/end-user of PTC software and services (as applicable) in public relations and marketing materials.
8.9 Government Licensees. If Customer is a United States Governmental entity, Customer agrees that the Licensed Products
are "commercial computer software" under the applicable federal acquisition regulations and are provided with the commercial
license rights and restrictions described elsewhere herein. If Customer is acquiring the Licensed
Product(s) under a United States
government contract, Customer agrees that Customer will include all necessary and applicable restricted rights legends on the
Licensed Products to protect PTC's proprietary rights under the FAR or other similar regulations of other federal agencies. Customer
agrees to always include such legends whenever the Licensed Products are, or are deemed to be, a deliverable under a government
contract.
Schedule A - Purchases from PTC Affiliates
If the Customer has obtained a License to any Licensed Products in one of the following countries, the entity granting the
License is specified below and, notwithstanding Section 8.1 of this Agreement, the governing law and jurisdiction shall be as set
forth below.
Country PTC Affiliate Licensing Entity Governing Law/Jurisdiction for
Disputes
Belgium, Netherlands, Luxembourg
Parametric Technology Nederland B.V. Netherlands
Austria, Germany Parametric Technology GmbH German Law*, Landgericht Munchen I, Germany
France Parametric Technology S.A. France Ireland PTC Software and Services (Ireland) Limited
Republic of Ireland
Italy Parametric Technology Italia S.r.L. Italy
Spain, Portugal Parametric Technology Espana, S.A. Spain
Switzerland Parametric Technology (Schweiz) AG German Law*, Landgericht Munchen I, Germany
United Kingdom Parametric Technology (UK) Limited United Kingdom
Remaining countries of the
European Union
PTC Software and Services (Ireland) Limited
Republic of Ireland Turkey, Kosovo, Serbia, Macedonia, Montenegro, Croatia, Bosnia and Herzegovina, and Albania
PTC Software and Services (Ireland) Limited
Republic of Ireland
The Russian Federation PTC International LLC Russian Law / International
Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in Moscow Belarus, Moldova, Ukraine,
Armenia, Georgia, Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan
PTC Software and Services (Ireland) Limited
Republic of Ireland
Norway, Sweden, and Denmark, Finland, Iceland, and the Faeroe Islands
PTC Sweden AB Sweden
Japan PTC Japan K.K. Japan / Tokyo District Court
Country PTC Affiliate Licensing Entity Governing Law/Jurisdiction for
Disputes
China Parametric Technology (Shanghai) Software Co., Ltd.
The People's Republic of China/China International Economic and Trade Arbitration Commission in Shanghai
Taiwan Parametric Technology Taiwan Limited Taiwan / Courts of Taipei, Taiwan
India Parametric Technology (India) Private
Limited
India
Korea Parametric Technology Korea Ltd. Republic of Korea
Other Asia Pacific Countries including Australia and New Zealand, but excluding China, Japan and Taiwan)
PTC Inc. Special Administrative Region of Hong
Kong / Hong Kong International
Arbitration Centre
Canada PTC (Canada) Inc. Ontario
Any other country PTC Inc., or such other affiliate of PTC as
PTC directs at the time of the order
Commonwealth of Massachusetts,
United States
*Specific Provisions for Austria, Germany and Switzerland:
For Licensed Products licensed and used in Austria, Germany or Switzerland, the following provisions shall apply. The following
provisions shall have no applicability to any Licensed Products or Services purchased outside of
Austria, Germany or Switzerland.
References to sections below are references to the applicable sections in the body of the Agreement.
Section 1.4 (iv) above shall not apply to the extent that (i) the processes Customer undertakes are required to achieve
information necessary to achieve interoperability of an independently created computer program with other software
programs, (ii) the further requirements of Section 69e of the German Copyright Act are fulfilled and
(iii) PTC, upon
Customer's written request, has not made available the information required for this within a reasonable period.
Sections 4.2 (Warranty), 4.4 (Sole Remedy), 4.5 (No Additional Warranties) and 4.6 (Disclaimer of
Warranties) are hereby
replaced by the following provisions:
4.2 Warranty Period, Restarts and Investigation Duty. The limitation period for warranty claims shall be twelve (12)
months from delivery. Any replacement of the Licensed Product(s) and/or repair of Errors will not restart the warranty
period. The pre-requisite for the Customer's warranty claims (Mangelanspruche) is that: (i) the
Customer inspects the
Licensed Products according to Section 377 German Commercial Code, (ii) the defect is an Error as defined in this
Agreement, (iii) the Error already existed at the time of delivery and (iv) the Customer effects a proper notification of the
Error. Customer shall provide notifications of Errors to PTC in writing and Customer shall provide specific details of the
Error as deemed reasonable under the specific circumstances. Customer shall notify PTC of obvious
Errors in writing
within one week of delivery and of latent Errors within one week of discovery of such Error. The periods specified are
preclusion periods.
4.4 Remedies. In the event of an Error, PTC in its sole discretion may: (a) replace the Licensed Product
(s) or (b) repair
the Error, provided that notice of the Error is received by PTC within the periods set forth in Section
4.2 and Customer
provides such additional information regarding the Error as PTC may reasonably request. If the repair
(either by providing
a bug fix, a workaround or otherwise) or replacement is not successful (after at least two repair attempts for the same Error
by PTC within a reasonable period of time), Customer shall be entitled, at Customer's choice, to either:
(i) rescission of the
affected order so that PTC provides a refund of the license fees paid by Customer for the applicable
Licensed Product(s)
upon return of such Licensed Product(s) and any copies made thereof or (ii) a reasonable reduction in the purchase price.
Replacements or repairs shall be made without acknowledgement of a legal obligation and shall not suspend the limitation
period for warranty claims related to the Licensed Products.
4.5 No Additional Warranties. No employee, partner, distributor (including any Reseller) or agent of
PTC or any of its
resellers or sales agents is authorized to give representations, warranties or covenants greater or different than those
contained in this Agreement, except as specifically set forth in a written agreement signed on behalf of
Customer by an
authorized officer and on behalf of PTC by its legal counsel or Corporate Controller. Apart from claims for damages based
on Errors that are subject to the limitation of liability as set forth in Section 6, the obligations provided for in this Section 4
shall be PTC's exclusive liability in case of warranty claims.
4.6 Customer Responsibility. The Licensed Products are intended to be used by trained professionals and are not a
substitute for the exercise by Customer of professional judgement, testing, safety and utility in their use. Customer is
solely responsible for any results which were obtained by using the Licensed Products, including the adequacy of
independent testing of reliability and accuracy of any item designed using Licensed Products.
4.7 Qualities (Beschaffenheit), Guarantees. Qualities of the Licensed Products stated in publications of
PTC or its sales
representatives, in particular in advertising, in drawings, brochures or other documents, including presentations in the
Internet, or on packaging and labeling of the Licensed Products, or which fall under trade usages, shall only be deemed to
be covered by the contractual quality of the Licensed Products if such qualities are expressly contained in an offer or an
order confirmation in writing. Guarantees, in particular guarantees as to quality, shall be binding on
PTC only to the extent
to which they (i) are contained in an offer or an order confirmation in writing, (ii) are expressly designated as "guarantee"
or "guarantee as to condition" (Beschaffenheitsgarantie), and (iii) expressly stipulate the obligations for
PTC resulting from such guarantee.
Section 6 is hereby replaced by the following provisions:
6. Limitation of Liability
6.1 Liability Categories. PTC shall be liable for damages, regardless of the legal grounds, only if: (i) PTC breaches a
material contractual obligation (cardinal obligation) culpably (i.e., at least negligently), or (ii) the damage has been caused
by gross negligence or wilfull intent on the part of PTC or (iii) PTC has assumed a guarantee.
6.2 Predictability. PTC's liability shall be limited to the typical, foreseeable damage: (i) if PTC
breaches material
contractual obligations (cardinal obligations) with slight negligence, or (ii) if employees or agents of
PTC who are not
officers or executive staff have breached other obligations by gross negligence, or (iii) if PTC has assumed a guarantee,
unless such guarantee is expressly designated as guarantee as to condition (Beschaffenheitsgarantie).
6.3 Maximum Amount. In the cases of Section 6.2 (i) and (ii), PTC's liability shall be limited to a maximum amount of
EURO 1,000,000 or, in case of purely financial losses, to a maximum amount of EURO 100,000.
6.4 Indirect Damages. In the cases of Section 6.2, PTC shall not be liable for indirect damages, consequential damages or
loss of profit.
6.5 Liability Period. Customer's claims for damages against PTC and/or PTC's affiliates, regardless of the legal grounds,
shall expire at the latest one year from the time the Customer gains knowledge of the damage or, irrespective of this
knowledge, at the latest two years after the damaging event. For claims based on Errors of the Licensed
Product(s), the
warranty limitation period pursuant to Section 4.2 shall apply.
6.6 Mandatory Liability. PTC's liability pursuant to the German Product Liability Act
(Produkthaftungsgesetz), for injury
of life, body and health, for fraudulent concealment of a defect or for the assumption of a guarantee as to condition
(Beschaffenheitsgarantie) remains unaffected.
6.7 Employees. Sections 6.1 to 6.6 shall also apply in the case of any claims for damages of Customer against employees
or agents of PTC and/or PTC's affiliates.
6.8 Contributory Negligence. In the event of a guarantee or liability claim against PTC any contributory fault of
Customer must be taken into account accordingly, particularly in the event of inadequate fault notification or
inadequate data securing. It constitutes inadequate data securing if the client, among others, does not, by way of
appropriate state of the art security measures, take precautions against external influences, e.g. computer viruses and other
phenomena which could put individual data or an entire data stock at risk. Schedule B - Definitions
"Concurrent User Products" means the Licensed Products licensed on a concurrent user basis, as
specified either in the Quote or at the Licensing Basis Webpage.
"Designated Computer" means the central processing unit(s) designated in writing by Customer to PTC
at the time of installation of
the Licensed Products (as may be modified in accordance with Section 1.2 of this Agreement).
"Designated Computer Product" means the Licensed Products licensed on a "Designated Computer" basis or otherwise designated as
"fixed," "locked" or "node-locked", as specified either in the Quote or at the Licensing Basis Webpage. Designated Computer
Products may not be remotely accessed or installed in a virtual environment.
"Designated Country" means the country of installation specified in writing by Customer to PTC at the time Customer places its
order of the Licensed Products. The Designated Country may be changed only in accordance with
Section 1.2 of this Agreement.
"Designated Network" means the network designated in writing by Customer to PTC at the time of installation of the Licensed
Products (as may be modified in accordance with Section 1.2 of this Agreement).
"Designated Server" means a computer server designated in writing by Customer to PTC at the time of installation of the Licensed
Products (as may be modified in accordance with Section 1.2 of this Agreement) that has one unique instance of the applicable
installed Licensed Product application.
"Designated Server Products" means the Licensed Products licensed on a Designated Server basis, as specified either in the Quote or
at the Licensing Basis Webpage.
"Documentation" means the applicable Licensed Software user manuals provided or made available by electronic means by PTC at
the time of shipment of the Licensed Software.
"Educational Software" means Licensed Products identified as "Priced for Education," "Student
Edition," "Schools Edition,"
"Schools Advanced Edition," "University Edition," "Professor's Edition/Version" or "Academic
Edition/Version," or otherwise
designated as educational or academic licenses.
"Error" means a failure of the Licensed Software to conform substantially to the applicable
Documentation, provided that Customer
informs PTC of such failure in writing and PTC is able to replicate such failure after making reasonable efforts.
"External User" means a Registered User who is a vendor or other third party external to the Customer and its affiliates.
"License" shall have the meaning set out in Section 1.1 of the body of the Agreement.
"License Term" means the time period during which the License for the applicable Licensed Products shall be in effect, as specified
in the name of the Licensed Product or in the applicable Quote (subject to earlier termination pursuant
to the terms hereof) or, if no
Quote was provided to Customer, as otherwise communicated by PTC to Customer. In the absence of a stated license term, the
License Term shall be perpetual, except that the License Term for evaluation Licenses shall be no longer than thirty days from the
date of Customer's request for an evaluation license, unless otherwise specifically designated by PTC, and the evaluation License
will cease to be operational after such term expires. The License Term of a "subscription" License is as specified in the Quote and/or
the invoice, and such License includes Support Services during such License Term at no additional fee. "License Locked Product" means a Licensed Product licensed for use with another PTC product to which the License Locked
Product is an extension. The License Locked Product will assume the licensing basis of such other product.. License Locked
Products are specified either in the Quote or at the Licensing Basis Webpage.
"Licensed Products" means collectively the Licensed Software and the Documentation.
"Licensed Software" means, collectively, the computer software product identified in the applicable
Quote, as well as (i) any
software product that is provided to operate with such computer software product (e.g., modules, software bundled with this software
product, etc.), but excluding any software that is a consulting services deliverable, (ii) any Error corrections pursuant to Section 4.4
hereof, (iii) any updates, Error corrections and/or New Releases provided to Customer by PTC pursuant to Support Services
purchased by Customer and (iv) any computer software provided to Customer in the course of PTC's delivery of Training Services.
"Licensing Basis Webpage" means the "Licensing Basis" document at http://www.ptc. com/support/customer_agreements/
index.htm, which specifies the licensing basis of PTC's different products and states certain additional product-specific terms and
conditions.
"Support Services" means the provision of New Releases and, depending on the level of Support
Services ordered, may also include
telephone support, web-based support tools, and correction of Errors, all in accordance with Schedule C
attached to this Agreement.
"New Release" means a modified or enhanced version of a Licensed Product that is designated by PTC
as a new release of that
product and that PTC makes generally available to its Support Services customers.
"Permitted User" means an individual who is authorized by Customer to use the Licensed Products, such use to be solely in
accordance with the terms and conditions of the Agreement. Permitted Users are limited to Customer's employees, consultants,
subcontractors, suppliers, business partners and customers who (i) are not competitors of PTC or employed by competitors of PTC
and (ii) are directly involved in the utilization of the Licensed Products solely in support of Customer's internal business purposes.
Customer shall at all times be responsible for its Permitted Users' compliance with this Agreement.
"Per Instance Product" means a Licensed Product for which one License is required for each instance of a system to which the
applicable Licensed Product connects. For example, if an adapter that is licensed on a Per Instance basis enables Windchill to
connect to an ERP system and a CRM system, two licenses of such adapter will be required. The
Licensed Products that are Per
Instance Products are identified either in the Quote or at the Licensing Basis Webpage.
"Quote" means the PTC product schedule, quote or order confirmation provided to Customer in connection with the purchase of the
applicable Licensed Product or, if no such document is provided, Customer's purchase order for such
Licensed Product, if any.
"Registered User" means a Permitted User for whom Customer has purchased a License to use a
Registered User Product and for
whom Customer has issued a password or other unique identifier to enable such individual to use the
Registered User Product.
"Registered User Products" means the Licensed Products licensed on a Registered User basis, as specified either in the Quote or at
the Licensing Basis Webpage.
"Reseller" means a third-party appointed and authorized by PTC to resell or distribute any Licensed
Product. .
"Services" means collectively Support Services and Training Services.
"Site License" means a Licensed Product for which one License is required for each Customer location, as specified either in the
Quote or at the Licensing Basis Webpage. Multiple customer facilities located in the same city or town
(based on postal address)
shall be considered one "location," whereas locations located in different cities or towns will require multiple Site Licenses.
"Training Services" means instruction or other training provided by PTC in the use of the Licensed
Products. "Training Services"
does not include PTC's e-Learning training products (e.g., "PTCU"), which are considered Licensed
Products for purposes of this
Agreement.
"Uplift Fee" means a fee based upon the difference between the License fee applicable to installation of the applicable Licensed
Product in the original Designated Country and the License fee applicable to the installation of such
Licensed Product in the
Designated Country to which Customer wishes to move the Licensed Product.
"Usage License Fee" means an ongoing fee that commences upon installation of the applicable
Licensed Product and that, during the
period for which the Usage License Fee is paid, entitles Customer to (i) continued use of the Licensed
Product in accordance with the
terms of the License and (ii) telephone support, Error corrections or workarounds, and New Releases for such software.
Schedule C - PTC Support Services Terms and Conditions
The following additional terms and conditions apply to the provision of Support Services by PTC: Support Services Plan; Levels of Support Services. Upon PTC's acceptance of Customer's order for Support Services in respect of
the Licensed Products, PTC and/or its authorized subcontractors shall provide Support Services in accordance with these terms for a
time period of twelve (12) months or for such other period specified in Customer's order accepted by
PTC (a "Support Services
Plan"). All Support Services are provided subject to Customer's payment for such services at PTC's then-current rates, provided that
for Licensed Product licensed on a subscription basis, such License includes Support Services during such License Term at no
additional fee. If Customer does not order Support Services to commence on shipment of the Licensed
Product(s), or if Customer at
any time discontinues Support Services, and in either case subsequently wishes to obtain Support
Services, Customer must pay (i) the
then current fees for Support Services and (ii) the fees for Support Services for any period for which
Customer has not purchased
Support Services. The then current levels of Support Services offered and the corresponding services provided thereunder are
described on http://www.ptc.com at http://www.ptc.com/support/maintenance/maintenance_support_policies.htm
A Support Services Plan may not be cancelled by Customer following PTC's acceptance of an order for such Support Services Plan.
With respect to Registered User Products, e-Learning products and Integrity Concurrent User and
Server Licensed Products, Support
Services ordered by Customer must cover all Licenses granted to Customer for such Licensed Products. PTC is obligated to provide
Support Services only during periods for which Customer has paid the applicable Support Services fees and only in accordance with
the level of Support Services Customer has purchased. The services offered under any Support Services
Plan may change from time
to time, and PTC may cease to offer Support Services Plans at any time without notice, subject only to the obligation to refund to
Customer the unused portion of any previously paid applicable Support Services fee (on a prorated basis).
(a) Telephone Support. If Customer purchases Support Services at a level that includes telephone support, Customer may utilize
PTC's telephone support service to report problems and seek assistance in use of the Licensed Products. The hours during which
PTC will provide telephone support will vary depending upon the level of Support Services ordered by
Customer. For all levels of
Support Services that include telephone support, PTC will provide telephone support in the languages, and during normal business
hours for the countries, listed on PTC's website at the website URL listed above. For levels of Support
Services that include
telephone support during non-business hours, PTC will provide such support in the English language only. Regardless of the total
number of the Licensed Products licensed by Customer, Customer is entitled to telephone support only in direct connection with
Licenses that are covered by a Support Services Plan at a level that includes telephone support.
(b) Repair of Errors. If Customer's Support Services Plan includes repair or workaround of Errors, PTC
shall use diligent efforts
to repair Errors or provide workarounds as required in such Support Services Plan, provided notice of the Error is received by PTC
during the term of a Support Services Plan and Customer supplies such additional information regarding the Error as PTC may
reasonably request.
(C) New Releases. PTC will provide Customer with one copy of each New Release for each Licensed
Product for which
Customer is entitled to Support Services at the time the applicable language version of the New Release is made generally available.
Subject to different terms for particular products set forth at http://www.ptc.com/support/maintenance/maintenance_support_policies.htm, following shipment of the New Release, the previous
release shall remain "current" for purposes of this Agreement for a period of ninety (90) days;
thereafter only such New Release will be current.
(d) Exclusions.
(1) PTC is not obligated to perform investigation and/or repair of Errors (i) found by PTC to be in other than a current (as
described above), unaltered release of the Licensed Products; (ii) caused by changes to the Customer's operating systems,
environment, databases or other system components which adversely affect the Licensed Products; (iii)
caused by Customer's
modification of the Licensed Product or use thereof in combination or interconnection with software not provided by PTC; (iv) use of
the Licensed Product on a computer, operating system, software or peripherals other than a computer, operating system, software or
peripherals for which such Licensed Product was designed for and licensed for use on; (v) caused by improper or unauthorized use of
the Licensed Products; (vi) due to external causes such as, but not limited to, power failures or electric power surges; or (vii) due to a
failure by the Customer to implement recommendations in respect of solutions to Errors previously
provided by PTC to Customer.
(2) PTC shall only be responsible for responding to problems reported by one of the two (2) technical contacts for
Customer's main location (which technical contacts and main location have previously been identified in writing to PTC by
Customer), and for sending New Releases to the "Central Support Location" designated by Customer in writing. Customer is
responsible for the distribution of New Releases to any of Customer's additional locations where
Licensed Products are authorized to
be used. Customer is responsible for providing to PTC in writing the name, address, phone number, fax number, and e-mail address
for each of Customer's designated contacts and Customer's Central Support Location.
(3) PTC is not obligated to perform any Support Services with respect to modifications or customizations of the Licensed
Products, nor with respect to any developments resulting from Customer's use, development or customization of functionality
contained within the Licensed Products, all of which are Customer's sole responsibility
## MIT JsonCpp
============================
The JsonCpp library's source code, including accompanying documentation, tests and demonstration applications, are licensed under the following conditions...
The author (Baptiste Lepilleur) explicitly disclaims copyright in all jurisdictions which recognize such a disclaimer. In such jurisdictions, this software is released into the Public Domain.
In jurisdictions which do not recognize Public Domain property (e.g. Germany as of
2010), this software is Copyright (C) 2007-2010 by Baptiste Lepilleur, and is released under the terms of the MIT License (see below).
In jurisdictions which recognize Public Domain property, the user of this software may choose to accept it either as 1) Public Domain, 2) under the conditions of the MIT License (see below), or 3) under the terms of dual Public Domain/MIT License conditions described here, as they choose.
The MIT License is about as close to Public Domain as a license can get, and is described in clear, concise terms at:
http://en.wikipedia.org/wiki/MIT_License
### The full text of the MIT License follows:
Copyright (C) 2007-2010 Baptiste Lepilleur
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.
(END LICENSE TEXT)
The MIT license is compatible with both the GPL and commercial software, affording one all of the rights of Public Domain with the minor nuisance of being required to keep the above copyright notice and license text in the source code. Note also that by accepting the Public Domain "license" you can re-license your copy using whatever license you like.
## Open source HPND License
PIL
The Python Imaging Library (PIL) is
Copyright (C) 1997-2011 by Secret Labs AB Copyright (C) 1995-2011 by Fredrik Lundh
Pillow is the friendly PIL fork. It is
Copyright (C) 2010-2022 by Alex Clark and contributors
Like PIL, Pillow is licensed under the open source HPND License:
By obtaining, using, and/or copying this software and/or its associated documentation, you agree that you have read, understood, and will comply with the following terms and conditions:
Permission to use, copy, modify, and distribute this software and its associated documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies, and that
both that copyright notice and this permission notice appear in supporting documentation, and that the name of Secret Labs AB or the author not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
SECRET LABS AB AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
IN NO EVENT SHALL SECRET LABS AB OR THE AUTHOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
END OF (3) ) Ion Chef(TM) Instrument Software Version 5.18 END USER LICENSE AGREEMENT
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(4) BEGINS:
LIFE TECHNOLOGIES CORPORATION
END USER LICENSE AGREEMENT and LIMITED PRODUCT WARRANTY
FOR ION GENESTUDIOTM S5 INSTRUMENT SOFTWAREVERSION 5.18 INSTRUMENT OPERATING SOFTWARE
NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND LIFE TECHNOLOGIES CORPORATION ("LIFE TECHNOLOGIES") REGARDING THE OPERATING SOFTWARE FOR YOUR LIFE TECHNOLOGIES WORKSTATION OR OTHER INSTRUMENT AND BUNDLED SOFTWARE INSTALLED WITH YOUR OPERATING SOFTWARE. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND LIMITATIONS. YOUR INSTALLATION AND USE OF THIS LIFE TECHNOLOGIES SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT, AND YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS IF YOU INSTALL AND USE THE SOFTWARE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THIS SOFTWARE, TOGETHER WITH ALL PACKAGING, TO LIFE TECHNOLOGIES AND YOUR PURCHASE PRICE WILL BE REFUNDED.
This Life Technologies End User License Agreement accompanies a Life Technologies software product ("Software") and related explanatory materials ("Documentation"). The term "Software" also includes any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Life Technologies. The term "License" or "Agreement" means this End User Software License Agreement. The term "you" or "Licensee" means the purchaser or user of this license to the Software. This Agreement includes herein by reference any additional use restrictions or Limited Use Label Licenses listed in or on user manuals, labeling, product inserts, technical notes, literature (including but not limited to Documentation) and/or splash screens related to this Software ("Supplemental Terms"). To the extent such Supplemental Terms are more restrictive than those contained herein, the more restrictive usage terms shall control.
This Software may use third-party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners. Various components require distribution of source code or if a URL is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by the license, offer to provide the source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license. Such licenses, if any, may be found in Appendix 1 below. In order to use this Software, the end-user must abide by the terms and conditions of these third-party licenses.
TITLE
Title, ownership rights and intellectual property rights in and to the Software and Documentation shall at all times remain with Life Technologies and its subsidiaries, and their suppliers. All rights not specifically granted by this License, including Federal and international copyrights, are reserved by Life Technologies or their respective owners.
COPYRIGHT
The Software, including its structure, organization, code, user interface and associated Documentation, is a proprietary product of Life Technologies or its suppliers, and is protected by international laws of copyright. The law provides for civil and criminal penalties for anyone in violation of the laws of copyright.
LICENSE
USE OF THE SOFTWARE
Subject to the terms and conditions of this Agreement, Life Technologies grants the purchaser of this product a non-exclusive, non-transferable (except in connection with the sale of the instrument on which it is hereby pre-installed) license, with no rights to sublicense, only to use the Software in object code (machine readable) format only on the single instrument on which it has been pre-installed by Life Technologies.
RESTRICTIONS
Unless permitted by applicable law, and in such cases only to the extent permitted by such law:
7. You shall not copy, transfer (except temporarily in the event of a computer malfunction), rent, modify, distribute, electronically transmit, lend, lease, use, create derivative works based on the Software or merge the Software, or the associated Documentation, in whole or in part, whether alone or combined with any other products, except as expressly permitted in this Agreement.
8. You shall not reverse assemble, decompile, discover the source code or otherwise reverse engineer the Software.
9. You shall not remove any proprietary, copyright, trade secret or warning legend from the Software or any Documentation.
10. You agree to comply fully with all export laws and restrictions and regulations of the United States or applicable foreign agencies or authorities. You agree that you will not export or reexport, directly or indirectly, the Software and the Documentation into any country prohibited by the United States Export Administration Act and the regulations thereunder or other applicable United States law.
11. You may not use the Software or Documentation for the benefit of any third party by means of an outsourcing or service bureau relationship or for any similar commercial time-sharing or third-party training use.
12. You shall not sell, rent, transfer, resell for profit, or distribute this license or the Software, or any part thereof or any interest therein, unless the next user agrees to comply with the terms of this End User License Agreement.
VERIFICATION
At the written request of Life Technologies, not more frequently than annually, you shall furnish Life Technologies with a signed certification verifying that the Software is being used pursuant to the provisions of this License.
TRIAL
If this license is granted on a trial basis, you are hereby notified that license management software may be included to automatically cause the Software to cease functioning at the end of the trial period (and in any case you agree to discontinue usage at the end of the trial period or at the express written request of Life Technologies).
TERMINATION
You may terminate this Agreement by discontinuing use of the Software, removing all copies from your computers and storage media, and returning the Software and Documentation, and all copies thereof, to Life Technologies. Life Technologies may terminate this Agreement if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove all copies from your computers and storage media, and return the Software and Documentation, and all copies thereof, to Life Technologies.
U.S. GOVERNMENT END USERS
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
EUROPEAN UNION END USERS
If this Software is used within a country of the European Union, nothing in this Agreement shall be construed as restricting any rights available under Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs.
LIMITED WARRANTY AND LIMITATION OF REMEDIES
Limited Warranty. Life Technologies warrants that, except for Software provided on a trial basis, for a period of ninety days from the beginning of the applicable warranty period (as described below) the Software will, under normal use and as unmodified, function substantially in accordance with the functions and features described in the Documentation delivered with the Software when properly installed, and that for a period of ninety days from the beginning of the applicable warranty period (as described below) the tapes, CDs, diskettes or other media bearing the Software will be free of defects in materials and workmanship under normal use.
The above warranties do not apply to defects resulting from misuse, neglect, or accident, including without limitation: operation outside of the environmental or use specifications, or not in conformance with the instructions for any instrument system, software, or accessories; improper or inadequate maintenance by the user; installation of software or interfacing, or use in combination with software or products not supplied or authorized by Life Technologies; and modification or repair of the products not authorized by Life Technologies.
Warranty Period Commencement Date. The applicable warranty period for software begins on the earlier of the date of installation or three (3) months from the date of shipment for software installed by Life Technologies personnel. For software installed by the purchaser or anyone other than Life Technologies, the warranty period begins on the date the software is delivered to you. The applicable warranty period for media begins on the date the media is delivered to the purchaser.
LIFE TECHNOLOGIES MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DATA GENERATED FROM THE USE OF THE SOFTWARE ("GENERATED DATA") OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT OR NON-MISSAPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFE TECHNOLOGIES MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, WILL OPERATE IN COMBINATION WITH THIRD PARTY HARDWARE OR SOFTWARE PRODUCTS, OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT LIFE TECHNOLOGIES WILL CORRECT ALL PROGRAM ERRORS. LIFE TECHNOLOGIES SOLE LIABILITY AND RESPONSIBILITY FOR BREACH OF WARRANTY RELATING TO THE SOFTWARE OR DOCUMENTATION SHALL BE LIMITED, AT LIFE TECHNOLOGIES SOLE OPTION, TO (1) CORRECTION OF ANY ERROR IDENTIFIED TO LIFE TECHNOLOGIES IN A WRITING FROM YOU IN A SUBSEQUENT RELEASE OF THE SOFTWARE, WHICH SHALL BE SUPPLIED TO YOU FREE OF CHARGE, (2) ACCEPTING A RETURN OF THE PRODUCT, AND REFUNDING THE PURCHASE PRICE UPON RETURN OF THE PRODUCT AND REMOVAL OF ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTERS AND STORAGE DEVICES, (3) REPLACEMENT OF THE DEFECTIVE SOFTWARE WITH A FUNCTIONALLY EQUIVALENT PROGRAM AT NO CHARGE TO YOU, OR (4) PROVIDING A REASONABLE WORK AROUND WITHIN A REASONABLE TIME. LIFE TECHNOLOGIES SOLE LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT FOR BREACH OF WARRANTY RELATING TO MEDIA IS THE REPLACEMENT OF DEFECTIVE MEDIA RETURNED WITHIN 90 DAYS OF THE DELIVERY DATE. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. WARRANTY CLAIMS MUST BE MADE WITHIN THE APPLICABLE WARRANTY PERIOD.
YOU ACKNOWLEDGE THAT LIFE TECHNOLOGIES HAS NO CONTROL OVER THE SPECIFIC CONDITIONS UNDER WHICH YOU USE THE SOFTWARE. ACCORDINGLY, EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, LICENSOR CANNOT AND DOES NOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR ANY PARTICULAR RESULTS THAT MAY BE OBTAINED BY THE USE OF THE SOFTWARE. THE SOFTWARE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE. The warranties made by Life Technologies may be voided by abuse or misuse of the Software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIFE TECHNOLOGIES OR ITS SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH OR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE, THE GENERATED DATA OR DOCUMENTATION, EVEN IF LIFE TECHNOLOGIES IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR EXPENSES ARISING FROM OR RELATED TO, OR ALLEGED TO HAVE ARISEN FROM OR BE RELATED TO, LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF LIFE TECHNOLOGIES AND ITS SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION OR GENERATED DATA, SHALL NOT EXCEED, IN THE AGGREGATE, THE PURCHASE PRICE OF THE PRODUCT.
SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
CONFIDENTIALITY
You agree to protect Life Technologies Confidential Information with the same degree of care used to protect your own confidential information (but in no event less than a reasonable standard of care), and not to use or disclose any portion of such Confidential Information to third parties, except as expressly authorized in this Agreement. You acknowledge that the Software, including its content, structure, organization and design constitute proprietary and valuable trade secrets (and other intellectual property rights) of Life Technology and/or its licensors. The term "Confidential Information" means, collectively, non-public information that Life Technologies (and its licensors) provide and reasonably consider to be of a confidential, proprietary or trade secret nature, including but not limited to (i) the Software, and (ii) confidential elements of the Software and Life Technologies (and its licensors') technology and know-how, whether in tangible or intangible form, whether designated as confidential or not, and whether or not stored, compiled or memorialized physically, electronically, graphically, photographically, or in writing. Confidential Information does not include any information which you can demonstrate by credible evidence: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through no fault of yours; (b) was rightfully known to you prior to the time of its disclosure, or to have been independently developed by you without use of Confidential Information; and/or (C) is subsequently learned from a third party not under a confidentiality obligation with respect to such Confidential Information. Confidential Information that is required to be disclosed by you pursuant to a duly authorized subpoena, court order, or government authority shall continue to be Confidential Information for all other purposes and you agree, prior to disclosing pursuant to a subpoena, court order, or government authority, to provide prompt written notice and assistance to Life Technologies prior to such disclosure, so that Life Technologies may seek a protective order or other appropriate remedy to protect against disclosure.
SOFTWARE IMPROVEMENTS
You acknowledge and agree that any ideas, enhancements, modifications, and the like disclosed by you to Life Technologies with respect to the Software ("Software Improvements and Feedback") will be the property of Life Technologies. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Software Improvements and Feedback to Life Technologies and agree to assist Life Technologies, at Life Technologies' expense, in perfecting and enforcing Life Technologies rights thereto and ownership thereof. You acknowledge and agree that Life Technologies may use such Software Improvements and Feedback for its business purposes without restriction.
GENERAL
This Agreement shall be governed by laws of the State of California, exclusive of its conflict of laws provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The controlling language of this Agreement, and any proceedings relating to this Agreement, shall be English. You agree to bear any and all costs of translation, if necessary. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. All questions concerning this Agreement shall be directed to: Life Technologies Corporation, 5781 Van Allen Way, Carlsbad, CA 92008, Attention: Legal Department.
Unpublished rights reserved under the copyright laws of the United States. Life Technologies Corporation, 5781 Van Allen Way, Carlsbad, CA 92008.
Life Technologies is a trademark of Life Technologies Corporation or its subsidiaries in the U.S. and certain other countries.
All other trademarks are the sole property of their respective owners.
May 26, 2022
Appendix 1
Life Technologies Corporation
Third Party Copyright Notices and Licenses
Ion GeneStudioTM S5 Instrument Software VERSION 5.18 INSTRUMENT OPERATING SOFTWARE
This software uses third party software components from several sources. Portions of these software components are copyrighted and licensed by their respective owners as indicated below. Various licenses require distribution of source code or if a link is used to point the end-user to a source-code repository, and the source code is not available at such site, the distributor must, for a time determined by license, offer to provide source code. In such cases, please contact your Life Technologies representative. As well, various licenses require that the end-user receive a copy of the license or certain notices. Such licenses and notices may be found in this appendix.
MIT/X derivate license libcurl
The curl license
COPYRIGHT AND PERMISSION NOTICE
Copyright (C) 1996 - 2022, Daniel Stenberg, daniel@haxx.se, and many contributors, see the THANKS
file.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
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 OF THIRD PARTY RIGHTS. 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
## MIT
json library
Copyright (C) 2007-2010 Baptiste Lepilleur and The JsonCpp Authors
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.
========================================================================
(END LICENSE TEXT)
The MIT license is compatible with both the GPL and commercial software, affording one all of the rights of Public Domain with the minor nuisance of being required to keep the above copyright notice and license text in the source code. Note also that by accepting the Public Domain "license" you can re-license your copy using whatever license you like.
## LGPL-2.1
libjpeg
Format-Specification: http://svn.debian.org/wsvn/dep/web/deps/dep5.mdwn?op=file&rev=135
Name: libjpeg8-empty
Files: *
Copyright: 2011 Linaro Limited
License: LGPL-2.1
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public License (LGPL) as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
* This library is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details.
* You should have received a copy of the GNU Library General Public License along with this library; see the file COPYING.LIB. If not, write to
the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
* On Debian systems, the complete text of the GNU Library General Public
License, version 2, can be found in /usr/share/common-licenses/LGPL-2.1.
## LGPL-2.1 libpthread
This is the Debian prepackaged version of the Embedded GNU C Library version 2.19.
It was put together by the GNU Libc Maintainers
from
* Most of the GNU C library is under the following copyright:
Copyright (C) 1991,92,93,94,95,96,97,98,99,2000,2001,2002,2003,2004,2005,
2006,2007,2008,2009,2010,2011 Free Software Foundation, Inc.
The GNU C Library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
The GNU C Library is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with the GNU C Library; if not, write to the Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA
02110-1301 USA
On Debian systems, the complete text of the GNU Library
General Public License can be found in `/usr/share/common-licenses/LGPL-2.1'.
* The utilities associated with GNU C library is under the following copyright:
Copyright (C) 1991,92,93,94,95,96,97,98,99,2000,2001,2002,2003,2004,2005,
2006,2007,2008,2009,2010,2011 Free Software Foundation, Inc.
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA.
On Debian systems, the complete text of the GNU Library
General Public License can be found in `/usr/share/common-licenses/GPL-2'.
* All code incorporated from 4.4 BSD is distributed under the following license:
Copyright (C) 1991 Regents of the University of California. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. 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.
3. [This condition was removed.]
4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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.
* The DNS resolver code, taken from BIND 4.9.5, is copyrighted both by UC Berkeley and by Digital Equipment Corporation. The DEC portions are under the following license:
Portions Copyright (C) 1993 by Digital Equipment Corporation. Permission to use, copy, modify, and distribute this software for any
purpose with or without fee is hereby granted, provided that the above
copyright notice and this permission notice appear in all copies, and that the name of Digital Equipment Corporation not be used in advertising or publicity pertaining to distribution of the document or software without specific, written prior permission.
THE SOFTWARE IS PROVIDED ``AS IS'' AND DIGITAL EQUIPMENT CORP.
DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL EQUIPMENT CORPORATION BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
* The Sun RPC support (from rpcsrc-4.0) is covered by the following license:
Copyright (C) 2010, Oracle America, Inc.
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.
* Neither the name of the "Oracle America, Inc." nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
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 HOLDER 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.
* The following CMU license covers some of the support code for Mach, derived from Mach 3.0:
Mach Operating System
Copyright (C) 1991,1990,1989 Carnegie Mellon University
All Rights Reserved.
Permission to use, copy, modify and distribute this software and its documentation is hereby granted, provided that both the copyright notice and this permission notice appear in all copies of the software, derivative works or modified versions, and any portions thereof, and that both notices appear in supporting documentation.
CARNEGIE MELLON ALLOWS FREE USE OF THIS SOFTWARE IN ITS ``AS IS'' CONDITION. CARNEGIE MELLON DISCLAIMS ANY LIABILITY OF ANY KIND FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THIS SOFTWARE.
Carnegie Mellon requests users of this software to return to
Software Distribution Coordinator School of Computer Science Carnegie Mellon University Pittsburgh PA 15213-3890
or Software.Distribution@CS.CMU.EDU any improvements or extensions that they make and grant Carnegie Mellon the rights to redistribute these changes.
* The file if_ppp.h is under the following CMU license: Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. 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.
3. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY CARNEGIE MELLON UNIVERSITY 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 UNIVERSITY 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.
* The following license covers the files from Intel's "Highly Optimized
Mathematical Functions for Itanium" collection:
Intel License Agreement
Copyright (C) 2000, Intel Corporation
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.
* The name of Intel Corporation may not be used to endorse or promote products derived from this software without specific prior written permission.
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 INTEL 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.
* The files inet/getnameinfo.c and sysdeps/posix/getaddrinfo.c are copyright
(C) by Craig Metz and are distributed under the following license:
* The Inner Net License, Version 2.00
The author(s) grant permission for redistribution and use in source and
binary forms, with or without modification, of the software and documentation provided that the following conditions are met:
0. If you receive a version of the software that is specifically labelled
as not being for redistribution (check the version message and/or README),
you are not permitted to redistribute that version of the software in any way or form.
1. All terms of the all other applicable copyrights and licenses must be followed.
2. Redistributions of source code must retain the authors' copyright notice(s), this list of conditions, and the following disclaimer.
3. Redistributions in binary form must reproduce the authors' copyright notice(s), this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
4. [The copyright holder has authorized the removal of this clause.]
5. Neither the name(s) of the author(s) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY ITS AUTHORS 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 AUTHORS 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. If these license terms cause you a real problem, contact the author. */
## MIT
libxml
https://gitlab.gnome.org/GNOME/libxml2/-/wikis/home
The MIT License
OSI Approved License LogoLicense Copyright: Unknown. License License: Unknown.
License Contact: Unknown.
SPDX short identifier: MIT Further resources...
Begin license text.
Copyright
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.
End license text.
## LGPL-2.1+
libudev
Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/ Upstream-Name: systemd
Upstream-Contact: systemd-devel@lists.freedesktop.org
Source: https://www.freedesktop.org/wiki/Software/systemd/
Files: debian/*
Copyright: 2010-2013 Tollef Fog Heen
2013-2015 Michael Biebl
2013 Michael Stapelberg License: LGPL-2.1+
Files: *
Copyright: 2008-2015 Kay Sievers
2010-2015 Lennart Poettering
2012-2015 Zbigniew Ja (TM) drzejewski-Szmek
2013-2015 Tom Gundersen
2013-2015 Daniel Mack
2010-2015 Harald Hoyer
2013-2015 David Herrmann
2013, 2014 Thomas H.P. Andersen
2013, 2014 Daniel Buch
2014 Susant Sahani
2009-2015 Intel Corporation
2000, 2005 Red Hat, Inc.
2009 Alan Jenkins
2010 ProFUSION embedded systems
2010 Maarten Lankhorst
1995-2004 Miquel van Smoorenburg
1999 Tom Tromey
2011 Michal Schmidt
2012 B. Poettering
2012 Holger Hans Peter Freyther
2012 Dan Walsh
2012 Roberto Sassu
2013 David Strauss
2013 Marius Vollmer
2013 Jan Janssen
2013 Simon Peeters
License: LGPL-2.1+
Files: src/basic/siphash24.h src/basic/siphash24.c
Copyright: 2012 Jean-Philippe Aumasson
2012 Daniel J. Bernstein License: CC0-1.0
Files: src/basic/securebits.h
Copyright: Linus Torvalds License: GPL-2
Files: src/basic/ioprio.h
Copyright: Jens Axboe License: GPL-2
Files: src/shared/linux/auto_dev-ioctl.h
Copyright: 2008 Red Hat, Inc.
2008 Ian Kent License: GPL-2+
Files: src/basic/sparse-endian.h
Copyright: 2012 Josh Triplett License: Expat
Files: src/journal/lookup3.c src/journal/lookup3.h
Copyright: none
License: public-domain
You can use this free for any purpose. It's in the public domain. It has no warranty.
Files: src/udev/*
Copyright: 2003-2012 Kay Sievers
2003-2004 Greg Kroah-Hartman
2004 Chris Friesen
2004, 2009, 2010 David Zeuthen
2005, 2006 SUSE Linux Products GmbH
2003 IBM Corp.
2007 Hannes Reinecke
2009 Canonical Ltd.
2009 Scott James Remnant
2009 Martin Pitt
2009 Piter Punk
2009, 2010 Lennart Poettering
2009 Filippo Argiolas
2010 Maxim Levitsky
2011 ProFUSION embedded systems
2011 Karel Zak
2014 Zbigniew Ja (TM) drzejewski-Szmek
2014 David Herrmann
2014 Carlos Garnacho License: GPL-2+
Files: src/udev/udev-ctrl.c src/udev/udevadm-hwdb.c src/udev/udev-builtin.c src/udev/udev-builtin-net_id.c
src/udev/udev-builtin-net_setup_link.c src/udev/udev-builtin-hwdb.c src/udev/udev-builtin-btrfs.c src/udev/udev-builtin-keyboard.c
src/udev/net/link-config.h src/udev/net/link-config.c src/udev/net/ethtool-util.c src/udev/net/ethtool-util.h
Copyright: 2007-2013 Kay Sievers
2013 Tom Gundersen License: LGPL-2.1+
Files: src/udev/scsi_id/scsi.h Copyright: 2003 IBM Corp. License: GPL-2
License: Expat
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: GPL-2
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 of the License.
* This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin St, Fifth Floor, Boston, MA 02110-1301, USA.
*On Debian and systems the full text of the GNU General Public
License version 2 can be found in the file
`/usr/share/common-licenses/GPL-2`
## License: GPL-2+
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option)
any later version.
* This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
* You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation,
Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
* On Debian systems, the complete text of the GNU General Public License version 2 can be found in `/usr/share/common-licenses/GPL-2` (TM) .
## License: LGPL-2.1+
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1, or (at your option)
any later version.
* This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
* You should have received a copy of the GNU Lesser General Public License along with this program; if not, write to the Free Software Foundation,
Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
* On Debian systems, the complete text of the GNU Lesser General Public
License version 2.1 can be found in `/usr/share/common-licenses/LGPL-2.1`(TM) .
## License: CC0-1.0
To the extent possible under law, the author(s) have dedicated all copyright and related and neighboring rights to this software to the public domain worldwide. This software is distributed without any warranty.
* You should have received a copy of the CC0 Public Domain Dedication along with this software. If not, see .
* On Debian systems, the complete text of the CC0 1.0 Universal license can be found in `/usr/share/common-licenses/CC0-1.0` (TM) .
## Libpng license libpng12
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE
### PNG Reference Library License version 2
* Copyright (C) 1995-2019 The PNG Reference Library Authors.
* Copyright (C) 2018-2019 Cosmin Truta.
* Copyright (C) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson.
* Copyright (C) 1996-1997 Andreas Dilger.
* Copyright (C) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
The software is supplied "as is", without warranty of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and
non-infringement. In no event shall the Copyright owners, or anyone distributing the software, be liable for any damages or other liability, whether in contract, tort or otherwise, arising from, out of, or in connection with the software, or the use or other dealings in the software, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this software, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you
use this software in a product, an acknowledgment in the product documentation would be appreciated, but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
## PNG Reference Library License version 1 (for libpng 0.5 through 1.6.35)
libpng versions 1.0.7, July 1, 2000, through 1.6.35, July 15, 2018 are Copyright (C) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson, are derived from libpng-1.0.6, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:
Simon-Pierre Cadieux
Eric S. Raymond Mans Rullgard Cosmin Truta Gilles Vollant James Yu
Mandar Sahastrabuddhe
Google Inc. Vadim Barkov
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes
or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
Some files in the "contrib" directory and some configure-generated files that are distributed with libpng have other copyright owners, and are released under other open source licenses.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (C) 1998-2000 Glenn Randers-Pehrson, are derived from libpng-0.96, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (C) 1996-1997 Andreas Dilger, are derived from libpng-0.88, and are distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
John Bowler Kevin Bracey Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
Some files in the "scripts" directory have other copyright owners, but are released under this license.
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (C) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger Dave Martindale Guy Eric Schalnat Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use
this source code in a product, acknowledgment is not required but would be appreciated.
LGPL-2.1 libnuma
This package was debianized by Ian Wienand
on Wed, 15 Dec 2004.
libnuma sources are available from https://github.com/numactl/numactl
Upstream Authors:
Andi Kleen Copyright (C) 2004 Andi Kleen
numactl and the demo programs are under the GNU General Public License, v.2 libnuma is under the GNU Lesser General Public License, v2.1.
The manpages are under the same license as the Linux manpages (see the files)
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License,
or (at your option) any later version. The full text of the License may be found in /usr/share/common-licenses/GPL.
The redistribution of portions of this program are controlled by the GNU Lesser General Public License as published by the Free Software Foundation. The full text of the License may be found in
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
Parts of the numademo program are derived from the STREAM benchmark, available from
http://www.cs.virginia.edu/stream/
Proprietary license from PTC Axeda Agent Embedded
PTC CUSTOMER AGREEMENT
THIS PTC CUSTOMER AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL, OR THE COMPANY OR OTHER ORGANIZATION ON WHOSE BEHALF SUCH INDIVIDUAL ACCEPTS THIS AGREEMENT, THAT EITHER (A) CLICKS THE "I ACCEPT" BUTTON BELOW OR (B) INSTALLS, ACCESSES, OR USES ANY SOFTWARE OR DOCUMENTATION FROM PTC ("CUSTOMER"), AND PTC INC. OR, IF THE PURCHASE WAS MADE IN A COUNTRY SPECIFIED ON SCHEDULE A TO THIS AGREEMENT, THE PTC AFFILIATE SPECIFIED ON SCHEDULE A (AS APPLICABLE, "PTC").
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR BY INSTALLING, ACCESSING, OR USING ANY SOFTWARE OR DOCUMENTATION FROM PTC, CUSTOMER HEREBY AGREES TO BE BOUND BY THIS AGREEMENT AND REPRESENTS THAT IT IS AUTHORIZED TO DO SO.
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IF CUSTOMER DID NOT OBTAIN THE LICENSED PRODUCT FROM PTC DIRECTLY, FROM AN AUTHORIZED PTC DISTRIBUTOR OR RESELLER OR FROM THE PTC ONLINE STORE (AT WWW.PTC.COM), CUSTOMER IS USING AN ILLEGALLY OBTAINED UNLICENSED VERSION OF THE APPLICABLE LICENSED PRODUCT. PTC REGARDS SOFTWARE PIRACY AS THE CRIME IT IS AND PURSUES (BOTH CIVILLY AND CRIMINALLY) THOSE WHO TAKE PART IN THESE ACTIVITIES. AS PART OF THESE EFFORTS, PTC UTILIZES DATA MONITORING AND SCOURING TECHNOLOGIES TO OBTAIN AND TRANSMIT TO PTC DATA ON USERS OF ILLEGAL COPIES OF LICENSED PRODUCTS. IF CUSTOMER IS USING AN ILLEGAL COPY OF SOFTWARE, CEASE USING THE ILLEGAL VERSION AND CONTACT PTC TO OBTAIN A LEGALLY LICENSED COPY. BY USING THIS SOFTWARE, YOU CONSENT TO THE COLLECTION, USE, AND TRANSFER OF PERSONAL DATA (INCLUDING TO THE UNITED STATES) FOR THE PURPOSES OF IDENTIFYING USERS OF ILLEGAL COPIES OF OUR SOFTWARE. SUCH CONSENT SHALL BE BINDING ON ANY USERS OF THIS SOFTWARE, INCLUDING USERS OTHER THAN YOU.
IN ORDER TO UNDERSTAND THE PREFERENCES OF OUR SOFTWARE USERS, PTC USES DATA MONITORING TECHNOLOGIES TO OBTAIN AND TRANSMIT DATA ON SYSTEM USE AND PERFORMANCE AND FOR GATHERING USER DATA AND USE METRICS ON USERS OF OUR SOFTWARE. WE WILL SHARE THIS DATA WITHIN PTC, ITS AFFILIATED COMPANIES AND OUR BUSINESS PARTNERS, INCLUDING WITHIN THE UNITED STATES AND ELSEWHERE FOR TECHNICAL AND MARKETING PURPOSES AND WILL ENDEAVOR TO ENSURE THAT ANY SUCH DATA TRANSFERRED IS APPROPRIATELY PROTECTED. OUR COMMERCIAL LICENSES PERMIT USERS TO OPT- OUT OF THIS DATA COLLECTION AND OUR STUDENT/EDUCATIONAL VERSIONS ONLY COLLECT DATA ON SYSTEM USE AND PERFORMANCE. OUR FREE AND TRIAL VERSIONS OF SOFTWARE DO NOT ALLOW USERS TO OPT-OUT OF THIS DATA COLLECTION, INCLUDING USER DATA.
IF YOU ARE USING PTC SOFTWARE, VISITING A PTC WEBSITE OR COMMUNICATING ELECTRONICALLY WITH US FROM A COUNTRY OTHER THAN THE UNITED STATES, VARIOUS COMMUNICATIONS WILL NECESSARILY RESULT IN A TRANSFER OF THIS INFORMATION ACROSS INTERNATIONAL BOUNDARIES.
IF YOU DO NOT CONSENT TO THE COLLECTION AND/OR TRANSMISSION (INCLUDING TO THE UNITED STATES) OF YOUR DATA AS DESCRIBED ABOVE, DO NOT DOWNLOAD OR USE PTC SOFTWARE. BY (I) USING FREE OR TRIAL SOFTWARE OR (II) NOT OPTING-OUT OF THE COLLECTION OF CERTAIN PERSONAL DATA AS YOU ARE ABLE TO WITH PTC COMMERCIAL SOFTWARE, YOU CONSENT TO PTC'S COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL DATA (INCLUDING TO THE UNITED STATES).
CAPITALIZED TERMS NOT DEFINED IN THE TEXT BELOW ARE DEFINED IN SCHEDULE B AT THE END OF THIS AGREEMENT.
SCHEDULE A TO THIS AGREEMENT CONTAINS ADDITIONAL (OR ALTERNATIVE) TERMS APPLICABLE TO SPECIFIC GEOGRAPHIES.
1. License.
1.1 License Grant. Subject to the terms and conditions of this Agreement, PTC hereby grants to Customer a non-exclusive, revocable, non-transferable license, without any right to sub-license, to install and use the Licensed Products identified in the Quote during the applicable License Term, solely for Customer's internal business purposes and solely in accordance with the applicable usage and license-type restrictions identified in the Quote and in the Licensing Basis Webpage ("License"). Notwithstanding the foregoing:
(a) If the Licensed Product is being provided by PTC on an "evaluation" or "trial" basis, such License will be instead to install and use the Licensed Product solely to evaluate such Licensed Products, and Customer agrees not to use the Licensed Product in any commercial applications or for productive purposes.
(b) If the Licensed Software is Educational Software, Customer must be enrolled in, or employed by, an accredited, academic institution, and shall use the Licensed Software solely for educational purposes in a degree-granting program. If Customer does not meet one of these qualifications, Customer has no rights under this Agreement. Without limitation, non- educational research or funded educational research conducted using the facilities of an academic institution or under an academic name does not qualify as "educational purposes" and use of Educational Software for such purposes represents a violation of the terms of this Agreement.
(C) If the Licensed Software is sold on a "demo and test" or "non-production" basis (or similar designation), such Licensed
Software may not be used in a production environment.
1.2 Designated Country/Computers/Networks. Subject to Section 1.3, Customer may only install and operate Licensed Products on the applicable Designated Computers or Designated Networks on computer systems and networks situated in the applicable Designated Country. Customer may, from time to time, change the Designated Computer, Designated Network, and/or the Designated Country in which Customer seeks to install or operate a Licensed Product, provided that in each case (i) Customer shall give prior written notice to PTC of any such change, and (ii) upon moving the Licensed Products to a different Designated Country, Customer shall pay all applicable Uplift Fees. Notwithstanding the foregoing, Registered Users need not be located in the Designated Country when accessing a Registered User Product.
1.3 Global/Restricted Global Licenses. If a Concurrent User Licensed Product is licensed by PTC on a "Global" or "Restricted
Global" basis, Section 1.2 shall not apply to such Licensed Products and the following provisions shall apply instead:
(i) Global Licenses. Subject to the other requirements of this Agreement, a Global License allows the Customer to install, operate and use such Licensed Product at any Customer site(s) throughout the world.
(ii) Restricted Global Licenses. Subject to the other requirements of this Agreement, a Restricted Global License allows the Customer to install, operate and use such Licensed Product at any Customer site(s) located in the Designated Country and/or in any Permitted Country. "Permitted Countries" means China, India, Russia, the Czech Republic, Poland, Hungary, Malaysia, South Africa, Israel, Mexico, Brazil, Argentina, and Romania.
1.4 Additional Restrictions on Use. Customer shall not permit any persons who are not Permitted Users to access or use the
Licensed Products. Customer shall not and shall not permit any third party(ies) to:
(i) modify or create any derivative work of any part of the Licensed Products; (ii) rent, lease, or loan the Licensed Products;
(iii) use the Licensed Products, or permit them to be used, for third-party training, to deliver software implementation or consulting services to any third parties, or for commercial time-sharing or service bureau use;
(iv) disassemble, decompile or reverse engineer the Licensed Products or the file format of the Licensed Products, or otherwise attempt to gain access to the source code or file format of the Licensed Products, except as expressly permitted in Schedule A, if applicable;
(v) sell, license, sublicense, loan, assign, or otherwise transfer (whether by sale, exchange, gift, operation of law, or otherwise) to any third party the Licensed Products, any copy thereof, or any License or other rights thereto, in whole or in part, without in each case obtaining PTC's prior written consent, except to the extent that any of the foregoing are explicitly authorized in the Quote and/or the Licensing Basis Webpage;
(vi) alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in any copies of the Licensed Products; and
(vii) copy or otherwise reproduce the Licensed Products in whole or in part, except (a) as may be required for their installation into computer memory for the purpose of executing the Licensed Products in accordance with this Section 1, and/or (b) to make a reasonable number of copies solely for back-up purposes (provided that any such permitted copies shall be the property of PTC, and Customer shall reproduce thereon all PTC copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices contained in the original copy of the Licensed Product obtained from PTC).
If Customer uses any unlicensed or unauthorized copies of any PTC software, Customer agrees that, without limiting PTC's right to terminate this Agreement for breach in accordance with Section 7 and without limiting any other remedies to which PTC may be
entitled, Customer will pay to PTC the PTC then-current list price for all such unlicensed software, in addition to any fines or penalties that may be imposed by law.
1.5 Additional Restrictions on Use Applicable to Concurrent User Products. If the Licensed Product is a Concurrent User Product, the following provisions apply:
(i) The number of Permitted Users accessing or operating a Concurrent User Product at any point in time may not exceed the number of Licenses in effect at such time for that particular Licensed Product.
(ii) Except with respect to Integrity and Implementer Products, only Permitted Users physically located in the Designated Country may access, operate and/or use the Licensed Products. Permitted Users who are not employees of Customer may use the Licensed Products while physically located at Customer's site only.
(iii) Where a Concurrent User Product is Licensed on a "fixed," "locked" or "node-locked" basis, or the Licensed Product is licensed as a "Designated Computer" product, such Licensed Product is licensed to operate solely on the Designated Computer on which it is installed.
1.6 Additional Restrictions on Use Applicable to Registered User Products. A License is required for each individual who accesses a Registered User product or the data contained therein, whether directly or through a web portal or other mechanism for "batching" or otherwise achieving indirect access to the Licensed Product or such data. Generic or shared log-ins are not permitted. Customer may add and/or substitute from time to time new Registered Users as long as the aggregate number of Registered Users does not exceed at any point in time the number of Licenses in effect at such time for that particular Licensed Product and, provided further, that if a person who was previously a Registered User returns to Registered User status, a new License fee must be paid to PTC at PTC's then current rates.
1.7 Additional Restrictions on Use Applicable to Designated Server Products. Each Designated Server product may only be used on the computer server that is designated by the Customer in connection with the initial installation of such product and that has one unique instance of the applicable installed product application. In the event a computer server is partitioned in any manner (physically, logically or otherwise), the reference in the preceding sentence to "computer server" shall mean each partition of such server, and such Designated Server product may only be used on one of such partitions. Customer may, from time to time, change the Designated Server(s) for a Designated Server Product, and/or the location thereof, provided that in each case
(a) Customer shall give prior written notice to PTC of any such change, and (b) upon transferring the Designated Server Products to a different Designated Country, Customer pays all applicable Uplift Fees.
1.8 Third Party Components and Bundled Third Party Products. Certain of the Licensed Products may contain third party software components for which additional terms apply ("Third Party Components"). The current additional terms are set forth on the Schedule of Third Party Terms available in the legal policies and guidelines section of http://www.ptc.com. Separately, third party software products that PTC resells and/or bundles for distribution with the Licensed Products are licensed to Customer directly by the manufacturer of such third party software products ("Bundled Third Party Products"). Such Bundled Third Party Products are also described on the Schedule of Third Party Terms. Customer agrees that its use of Third Party Components and/or Bundled Third Party Products is subject to the terms of the Schedule of Third Party Terms. New Releases containing Third Party Components or Bundled Third Party Products may be subject to additional or different third party terms, of which PTC shall notify the Customer at the time such New Releases are delivered to the Customer.
1.9 Upgrades: If the Licensed Software was licensed as an upgrade from a previous version, Customer must first be licensed for the Licensed Software identified by PTC as eligible for the upgrade and Customer must be active on Support Services for such software. After installing the upgrade, Licensed Software licensed as an upgrade replaces and/or supplements the product that formed the basis of Customer's eligibility for the upgrade and Customer may no longer use the original Licensed Software that formed the basis for Customer's upgrade eligibility.
2. Compliance.
2.1 License Usage Assessments. To confirm Customer's compliance with the terms and conditions hereof, Customer agrees that PTC may perform a usage assessment with respect to Customer's use of the Licensed Products. Customer agrees to provide PTC access to Customer's facilities and computer systems, and cooperation from Customer's employees and consultants, as reasonably requested by PTC in order to perform such assessment, all during normal business hours, and after reasonable prior notice from PTC.
2.2 Reports. Upon written request from PTC, Customer agrees to provide to PTC an installation and/or usage report with respect to the Licensed Products (and in the case of Registered User Products, such report shall include a list of all users for whom Customer has issued a password or other unique identifier to enable such individual to use the Registered User Product). Such report shall be certified by an authorized representative of Customer as to its accuracy within ten (10) business days after receipt of any written request from PTC. For any period in which Customer's use of the Licensed Products exceeds the number and/or the scope of the Licenses in effect during such period for such Licensed Products, Customer agrees to pay for any such excess usage, including applicable license and Support Services fees, and without limiting any other rights or remedies to which it is entitled, failure to pay shall be grounds for termination in accordance with Section 7 hereof.
3. Intellectual Property. PTC and its licensors are the sole owners of the Licensed Products and of any copies of the Licensed Products, and of all copyright, trade secret, patent, trademark and other intellectual or industrial property rights in and to the Licensed Products. All copies of the Licensed Products, in whatever form provided by PTC or made by Customer, shall remain the property of PTC, and such copies shall be deemed to be on loan to Customer during the License Term. Customer acknowledges that the License granted hereunder does not provide Customer with title to or ownership of the Licensed Products or any copies thereof, but only a right of limited use consistent with the express terms and conditions of this Agreement. Customer shall have no rights to the source code for the Licensed Products, and Customer agrees that only PTC shall have the right to maintain, enhance, or otherwise modify the Licensed Products.
4. Support Services; Warranty; Disclaimer of Warranties.
See Schedule A for a modified version of this Section 4 for Licensed Products licensed and used in Germany, Austria or Switzerland.
4.1 Support Services. Upon PTC's acceptance of an order for Support Services or for Licensed Products for which Usage License Fees apply, PTC agrees that it or its designated service provider shall provide the applicable Support Services in accordance with Schedule C.
4.2 Warranty. PTC warrants to Customer that PTC is authorized to grant the License(s) and that, subject to Section 4.3, the Licensed Products will be free from Errors for a period of ninety (90) days following PTC's initial shipment to Customer or Customer's designee of such Licensed Products (the "Warranty Period").
4.3 Warranty Exceptions. PTC shall have no warranty obligations hereunder with respect to any (i) evaluation, "trial" or "express" Licenses, (ii) New Releases, (iii) computer software provided to Customer in the course of PTC's delivery of Training Services, (iv) Errors attributable to the use of the Licensed Product in an application or environment for which it was not designed or contemplated, (v) Errors attributable to any modifications or customizations of the Licensed Products, (vi) Licensed Products that are provided by PTC free of charge to Customer, and/or (vii) Sun Software, Oracle Software and/or Bundled Third Party Products.
4.4 Sole Remedy. PTC's and its licensors' entire liability and Customer's exclusive remedy for any breach by PTC of the warranty given in Section 4.2 above shall be, at PTC's sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTC's obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC within the Warranty Period and Customer supplies such additional information regarding the Error as PTC may reasonably request. If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTC, PTC will provide a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies thereof.
4.5 No Additional Warranties. No third party, including any employee, partner, distributor (including any Reseller) or agent of PTC or any of its resellers or sales agents, is authorized to give any representations, warranties or covenants greater or different than those contained in this Agreement with respect to any Licensed Products or Services, except as specifically set forth in a written agreement signed on behalf of Customer by an authorized officer and on behalf of PTC by its legal counsel or Corporate Controller.
4.6 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN SECTION 4, PTC DISCLAIMS (AND CUSTOMER WAIVES) ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. THE LICENSED PRODUCTS ARE INTENDED TO BE USED BY TRAINED PROFESSIONALS AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, TESTING, SAFETY AND UTILITY. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE LICENSED PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY AND ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PTC does not warrant that the operation or other use of the Licensed Products will be uninterrupted or error free or will not cause damage or disruption to Customer's data, computers or networks.
5. Indemnification; Infringement.
5.1 P TC's Ob li gati on to Ind emn ify C u sto mer . PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States, European Union or Japanese patent, copyright or trademark and, at its option, will settle any such action or will pay any final judgment awarded against Customer, provided that: (a) PTC shall be notified promptly in writing by Customer of any notice of any such claim; (b) PTC shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise and shall bear the costs of the same (save where one or more of the exclusions in Section 5.3 applies); and (C) Customer shall cooperate fully at PTC's expense with PTC in the defense, settlement or compromise of such claim. This Section 5 states PTC's sole and exclusive liability, and Customer's sole remedy, for any and all claims relating to infringement of any intellectual property right.
5.2 P TC's Righ t to Act to P reven t a Clai m
If a claim described in Section 5.1 hereof occurs or, in PTC's opinion, may occur,
Customer shall permit PTC, at PTC's option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (C) terminate the applicable Licenses, accept return of the Licensed Products and grant Customer a credit thereon. For Licenses purchased with a perpetual License Term, such credit shall be equal to the License fees paid by Customer for such Licensed Product depreciated on a straight-line, five year basis. For Licenses purchased on a term license or subscription basis, such credit shall be equal to the prepaid license or subscription fees for the remainder of the License Term.
5.3 Exclu sio n s fro m P TC's Ob li gati o n to In d emn ify Cu sto mer . PTC shall have no liability to Customer under Section 5.1 hereof or otherwise to the extent that any infringement or claim thereof is based upon: (a) use of the Licensed Product in combination with equipment or software not supplied hereunder where the Licensed Product itself would not be infringing; (b) use of the Licensed Product in an application or environment for which it was not designed or not contemplated under this Agreement; (C) use of other than a current release of the Licensed Product(s) provided to Customer; (d) modification of the Licensed Product by anyone other than PTC or its employees or agents; or (e) any claims of infringement of any patent, copyright, trade secret, trademark or other proprietary right in which Customer has an interest.
6. Limitation of Liability.
See Schedule A for a modified version of this Section 6 for Licensed Products licensed and used in Germany, Austria or Switzerland.
6.1 The warranty and indemnification provisions of Sections 4 and 5 hereof state the entire liability of PTC, its subsidiaries and affiliates, and each of their respective directors, officers, employees or agents, with respect to the Licensed Products and Services, including (without limitation) any liability for breach of warranty, or for infringement or alleged infringement of patent, copyrights, trademarks, trade secrets and other intellectual or proprietary rights by the Licensed Products, or their use.
6.2 EXCEPT FOR PTC'S INDEMNIFICATION OBLIGATIONS IDENTIFIED IN SECTION 5.1 ABOVE, THE MAXIMUM LIABILITY OF PTC AND ITS LICENSORS ARISING OUT OF, OR RELATING TO, THE CREATION, LICENSE, FUNCTIONING, USE OR SUPPLY OF THE LICENSED PRODUCTS OR THE PROVISION OF SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT, (I) FOR LICENSES PURCHASED ON A PERPETUAL BASIS, EXCEED THE FEES PAID BY CUSTOMER FOR THE LICENSED PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM AND (II) FOR LICENSES PURCHASED ON A TERM OR SUBSCRIPTION BASIS, EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAMAGES FOR THE LICENSED PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM.
6.3 IN NO EVENT SHALL PTC, ITS LICENSORS, ITS AFFILIATES (INCLUDING ITS SUBSIDIARY COMPANIES), OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR: (A) ANY LOSS OF PROFIT, LOSS OF USE DAMAGES, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF REPUTATION OR LOSS OF ANTICIPATED SAVINGS; (B) ANY LOSS OR INACCURACY OF DATA OR BUSINESS INFORMATION OR FAILURE OR INADEQUACY OF ANY SECURITY SYSTEM OR FEATURE; AND (C) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED; IN EACH CASE EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 Customer agrees not to bring any suit or action against PTC, and/or its subsidiaries and affiliates, and/or any of their respective directors, officers, employees or agents for any reason whatsoever more than one year after the cause of action arises. Customer recognizes that fees paid by Customer for the Licensed Products and Services are based in part on the disclaimer of warranty and limitation of liability provisions set forth herein and that, in the absence of Customer's agreement to such terms, the charges for the Licensed Products would be significantly higher. The limitations and exclusions set forth in this Section 6 shall not apply to any claim in respect of death or personal injury.
7. Term and Termination.
7.1 Events Causing Termination. This Agreement and all Licenses will terminate:
(a) Automatically and without notice on the following events: (I) Customer's breach of any of clauses (i) through (vii) of Section 1.4 or Sections 3 or 8.4 hereof; (II) a receiver, trustee, liquidator, or such similar officer is appointed for Customer or for any of Customer's properties or assets; (III) Customer makes a general assignment for the benefit of Customer's creditors; (IV) Customer files a petition for its reorganization, dissolution or liquidation, or such a petition is filed against Customer and is not dismissed within sixty (60) days thereafter; or (V) Customer ceases doing business or commence dissolution or liquidation proceedings; or
(b) Thirty (30) days after written notice from PTC specifying a breach (other than as listed in Section 7.1(a) above) of this Agreement, including failure to make any payment due to either PTC or a Reseller in connection with the Licensed Products in a timely manner, if that breach is not, within that thirty (30) day period, remedied to PTC's reasonable satisfaction.
7.2 Effects of Expiration or Termination. Upon expiration of a given License Term and/or any expiration or termination of this Agreement, Customer shall promptly pay all sums owed by Customer, return to PTC the original copies of all Licensed Products for which the License Term has expired or has been terminated, destroy and/or delete all copies and backup copies thereof from Customer's computer libraries, storage facilities and/or hosting facilities, and certify in writing by an officer that Customer is in
compliance with the foregoing requirements and that such Licensed Products are no longer in Customer's possession or in use.
7.3 Survival. Sections 2, 3, 4.6, 5, 6, 7.2, 7.3 and 8 shall survive expiration or termination of this Agreement.
8. General.
8.1 Governing Law and Jurisdiction. Unless otherwise stated in Schedule A, all disputes arising under, out of, or in any way connected with this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without reference to conflict of laws principles (and specifically excluding the Uniform Computer Information Transactions Act). The parties hereby expressly disclaim the application of the U.N. Convention for the International Sale of Goods. All disputes arising under, out of, or in any way connected with this Agreement shall be litigated exclusively in the state or federal courts situated in the Commonwealth of Massachusetts, and in no other court or jurisdiction. Notwithstanding the foregoing or anything to the contrary, PTC shall have the right to bring a claim in any court of competent jurisdiction to enforce any intellectual property rights and/or protect any confidential information. Customer agrees that the state and federal courts situated in the Commonwealth of Massachusetts shall have personal jurisdiction over its person, and Customer hereby irrevocably (i) submits to the personal jurisdiction of said courts and (ii) consents to the service of process, pleadings, and notices in connection with any and all actions initiated in said courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. Each party waives its right to trial by jury in connection with any dispute arising out of this Agreement.
8.2 Notices. Any notice or communication required or permitted under this Agreement shall be in writing. In the case of notice to Customer, the notice shall be directed to the address set forth on the Customer's purchase order or to such other address as may be provided to PTC in writing. In the case of notice to PTC, such notice shall be directed to PTC, 140 Kendrick Street, Needham, MA
02494; Attn: Corporate Controller, with a copy to General Counsel. Any notice provided under this section shall be deemed to have been received: (a) if given by hand, immediately; (b) if given by mail, five (5) business days after posting; (C) if given by express courier service, the second business day following dispatch in the jurisdiction of the sender; or (d) if given by fax, upon receipt
thereof by the recipient's fax machine or as stated in the sender's transmission confirmation report as produced electronically by sender's fax machine.
8.3 Assignment, Waiver, Modification. Customer may not assign, transfer, delegate or sublicense any of Customer's rights or obligations hereunder (including without limitation by operation of law or by sale of Customer assets, whether directly or by merger, and a change in control of Customer shall be deemed to be an "assignment" for purposes of the foregoing) without PTC's prior written consent, and any such attempted delegation, assignment, transfer or sublicense shall be void and a breach of this Agreement. No waiver, consent, modification, amendment or change of the terms of this Agreement shall be binding unless in writing and signed by PTC and Customer. PTC reserves the right to charge a transfer fee for any proposed assignment, transfer or sublicense of this Agreement.
8.4 Compliance with Laws. Each party shall be responsible for its own compliance with applicable laws, regulations and other legal requirements relating to the conduct of its business and this Agreement. Further Customer represents and warrants that it will use the Licensed Products, as well as related technology and services, in full compliance with applicable laws and regulations. Customer acknowledges and agrees that the Licensed Products and related technical data and services are subject to the export control laws and regulations of the United States and any country in which the Licensed Products or related technical data or services are developed, received, downloaded, used, or performed. Further, Customer understands and acknowledges that the release of software or technology to a non-U.S. person within the United States or elsewhere abroad is deemed to be an export to the non-U.S. person's home country or countries, and that the transfer of the Licensed Products or related technology to Customer's employees, affiliates, or any third party, may require a license from the United States Government and possibly other applicable authorities. Customer shall be solely responsible for determining whether Customer's use or transfer of the Licensed Products or related technology or services requires an export license or approval from U.S. or other authorities, and for securing all required authorizations. Customer hereby warrants and represents that: (x) neither Customer nor any of Customer's directors, officers or affiliates is identified on the U.S. Commerce Department's Denied Persons List, Entity List, or Unverified List, the U.S. State Department's Nonproliferation Sanctions List, the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons or any similar Export Controls Division-Foreign Affairs and International Trade Canada listing that designates individuals or entities to which export restrictions apply (collectively, the "Restricted Parties Lists"), (y) except as specifically authorized or licensed by the United States Government and other applicable authorities, Customer will not sell, offer, transfer, deliver, release, either directly or indirectly, the Licensed Products or related technology or services to any end-user: (A) that is either located in, a national of, or acting on behalf of a country subject to U.S. economic embargoes, or (B) that have been designated as prohibited or restricted parties by the U.S. Government, including but not limited to persons listed on the Restricted Parties Lists, or (C) engaged in activities related to the design, development, stockpiling, or proliferation of nuclear, chemical, or biological weapons, or missiles or missile systems, or (D) engaged in maritime nuclear propulsion activities. Customer represents and warrants that it will ensure that any person or entity to which Customer has granted access to the Licensed Products or related technology or services has been made aware of, and will comply with, this provision and U.S. and other applicable export control laws and regulations. Unless prohibited by applicable law and without waiving sovereign immunity, Customer shall indemnify and hold harmless PTC and its employees against any damage, loss, liability or expense (including attorneys' fees) that PTC may incur as a result of Customer's failure to comply with this Section
8.4. Such indemnification shall survive the expiration or termination of this Agreement.
8.5 Severability. It is intended that this Agreement shall not violate any applicable law and the unenforceability or invalidity of any provision (other than the provisions obligating Customer to make payments to PTC) shall not affect the force and validity of the remaining provisions and such provisions determined to be invalid shall be deemed severed from this Agreement and, to the extent possible, be replaced with terms which as closely as possible approximate the interest and economic intent of such invalid provisions.
8.6 Entire Agreement. This Agreement is the complete and exclusive statement of the contract between PTC and Customer with respect to the subject matter hereof. No waiver, consent, modification, amendment or change of this Agreement shall be binding unless in writing and signed or otherwise expressly acknowledged by PTC and Customer.
8.7 Third Party Beneficiaries. It is agreed by the parties to this Agreement that PTC's third party licensors are intended beneficiaries of this Agreement and have the right to rely upon and directly enforce its terms with respect to the products of such licensors.
8.8 Marketing. Customer agrees that while this Agreement is in effect, PTC shall be authorized to identify Customer as a customer/end-user of PTC software and services (as applicable) in public relations and marketing materials.
8.9 Government Licensees. If Customer is a United States Governmental entity, Customer agrees that the Licensed Products are "commercial computer software" under the applicable federal acquisition regulations and are provided with the commercial license rights and restrictions described elsewhere herein. If Customer is acquiring the Licensed Product(s) under a United States government contract, Customer agrees that Customer will include all necessary and applicable restricted rights legends on the Licensed Products to protect PTC's proprietary rights under the FAR or other similar regulations of other federal agencies. Customer agrees to always include such legends whenever the Licensed Products are, or are deemed to be, a deliverable under a government contract.
Schedule A - Purchases from PTC Affiliates
If the Customer has obtained a License to any Licensed Products in one of the following countries, the entity granting the License is specified below and, notwithstanding Section 8.1 of this Agreement, the governing law and jurisdiction shall be as set forth below.
Country PTC Affiliate Licensing Entity Governing Law/Jurisdiction for
Disputes
Belgium, Netherlands, Parametric Technology Nederland B.V. Netherlands
Luxembourg
Austria, Germany Parametric Technology GmbH German Law*, Landgericht Munchen I,
Germany
France Parametric Technology S.A. France
Ireland PTC Software and Services (Ireland)
Limited Republic of Ireland
Italy Parametric Technology Italia S.r.L. Italy
Spain, Portugal Parametric Technology Espana, S.A. Spain
Switzerland Parametric Technology (Schweiz) AG German Law*, Landgericht Munchen I,
Germany
United Kingdom Parametric Technology (UK) Limited United Kingdom
Remaining countries of the PTC Software and Services (Ireland)
Limited Republic of Ireland
European Union
Turkey, Kosovo, Serbia, PTC Software and Services (Ireland)
Limited Republic of Ireland
Macedonia, Montenegro, Croatia, Bosnia and Herzegovina, and
Albania
The Russian Federation PTC International LLC Russian Law / International
Commercial Arbitration Court at the
Chamber of Commerce and Industry of the Russian Federation in Moscow
Belarus Moldova, Ukraine, PTC Software and Services (Ireland)
Limited Republic of Ireland
Armenia, Georgia, Azerbaijan,
Kazakhstan, Kyrgyz stan,
Tajikistan, Turkmenistan, and
Uzbekistan
Norway, Sweden, and Denmark, PTC Sweden AB Sweden
Finland, Iceland, and the Faeroe
Islands
Japan PTC Japan K.K. Japan / Tokyo District Court
Country PTC Affiliate Licensing Entity Governing Law/Jurisdiction for
Disputes
China Parametric Technology (Shanghai) The People's Republic of China/China
International Economic and Trade
Arbitration Commission in Shanghai
Software Co., Ltd.
Taiwan Parametric Technology Taiwan Limited Taiwan / Courts of Taipei, Taiwan
India Parametric Technology (India) Private
Limited India
Korea Parametric Technology Korea Ltd. Republic of Korea
Other Asia Pacific Countries PTC Inc. Special Administrative Region of Hong
Kong / Hong Kong International
Arbitration Centre
including Australia and New
Zealand, but excluding China,
Japan and Taiwan)
Canada PTC (Canada) Inc. Ontario
Any other country PTC Inc., or such other affiliate of PTC as
PTC directs at the time of the order Commonwealth of Massachu setts,
United States
* Specific Provisions for Austria, Germany and Switzerland:
For Licensed Products licensed and used in Austria, Germany or Switzerland, the following provisions shall apply. The following provisions shall have no applicability to any Licensed Products or Services purchased outside of Austria, Germany or Switzerland. References to sections below are references to the applicable sections in the body of the Agreement.
* Section 1.4 (iv) above shall not apply to the extent that (i) the processes Customer undertakes are required to achieve information necessary to achieve interoperability of an independently created computer program with other software programs, (ii) the further requirements of Section 69e of the German Copyright Act are fulfilled and (iii) PTC, upon Customer's written request, has not made available the information required for this within a reasonable period.
* Sections 4.2 (Warranty), 4.4 (Sole Remedy), 4.5 (No Additional Warranties) and 4.6 (Disclaimer of Warranties) are hereby replaced by the following provisions:
4.2 Warranty Period, Restarts and Investigation Duty. The limitation period for warranty claims shall be twelve (12) months from delivery. Any replacement of the Licensed Product(s) and/or repair of Errors will not restart the warranty period. The pre-requisite for the Customer's warranty claims (Mangelanspruche) is that: (i) the Customer inspects the Licensed Products according to Section 377 German Commercial Code, (ii) the defect is an Error as defined in this Agreement, (iii) the Error already existed at the time of delivery and (iv) the Customer effects a proper notification of the Error. Customer shall provide notifications of Errors to PTC in writing and Customer shall provide specific details of the Error as deemed reasonable under the specific circumstances. Customer shall notify PTC of obvious Errors in writing within one week of delivery and of latent Errors within one week of discovery of such Error. The periods specified are preclusion periods.
4.4 Remedies. In the event of an Error, PTC in its sole discretion may: (a) replace the Licensed Product(s) or (b) repair the Error, provided that notice of the Error is received by PTC within the periods set forth in Section 4.2 and Customer provides such additional information regarding the Error as PTC may reasonably request. If the repair (either by providing a bug fix, a workaround or otherwise) or replacement is not successful (after at least two repair attempts for the same Error by PTC within a reasonable period of time), Customer shall be entitled, at Customer's choice, to either: (i) rescission of the affected order so that PTC provides a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies made thereof or (ii) a reasonable reduction in the purchase price. Replacements or repairs shall be made without acknowledgement of a legal obligation and shall not suspend the limitation period for warranty claims related to the Licensed Products.
4.5 No Additional Warranties. No employee, partner, distributor (including any Reseller) or agent of PTC or any of its resellers or sales agents is authorized to give representations, warranties or covenants greater or different than those contained in this Agreement, except as specifically set forth in a written agreement signed on behalf of Customer by an authorized officer and on behalf of PTC by its legal counsel or Corporate Controller. Apart from claims for damages based on Errors that are subject to the limitation of liability as set forth in Section 6, the obligations provided for in this Section 4 shall be PTC's exclusive liability in case of warranty claims.
4.6 Customer Responsibility. The Licensed Products are intended to be used by trained professionals and are not a substitute for the exercise by Customer of professional judgement, testing, safety and utility in their use. Customer is solely responsible for any results which were obtained by using the Licensed Products, including the adequacy of independent testing of reliability and accuracy of any item designed using Licensed Products.
4.7 Qualities (Beschaffenheit), Guarantees. Qualities of the Licensed Products stated in publications of PTC or its sales representatives, in particular in advertising, in drawings, brochures or other documents, including presentations in the Internet, or on packaging and labeling of the Licensed Products, or which fall under trade usages, shall only be deemed to be covered by the contractual quality of the Licensed Products if such qualities are expressly contained in an offer or an order confirmation in writing. Guarantees, in particular guarantees as to quality, shall be binding on PTC only to the extent to which they (i) are contained in an offer or an order confirmation in writing, (ii) are expressly designated as "guarantee" or "guarantee as to condition" (Beschaffenheitsgarantie), and (iii) expressly stipulate the obligations for PTC resulting from such guarantee.
* Section 6 is hereby replaced by the following provisions:
6.Limitation of Liability
6.1 Liability Categories. PTC shall be liable for damages, regardless of the legal grounds, only if: (i) PTC breaches a material contractual obligation (cardinal obligation) culpably (i.e., at least negligently), or (ii) the damage has been caused by gross negligence or wilfull intent on the part of PTC or (iii) PTC has assumed a guarantee.
6.2 Predictability. PTC's liability shall be limited to the typical, foreseeable damage: (i) if PTC breaches material contractual obligations (cardinal obligations) with slight negligence, or (ii) if employees or agents of PTC who are not officers or executive staff have breached other obligations by gross negligence, or (iii) if PTC has assumed a guarantee, unless such guarantee is expressly designated as guarantee as to condition (Beschaffenheitsgarantie).
6.3 Maximum Amount. In the cases of Section 6.2 (i) and (ii), PTC's liability shall be limited to a maximum amount of
EURO 1,000,000 or, in case of purely financial losses, to a maximum amount of EURO 100,000.
6.4 Indirect Damages. In the cases of Section 6.2, PTC shall not be liable for indirect damages, consequential damages or loss of profit.
6.5 Liability Period. Customer's claims for damages against PTC and/or PTC's affiliates, regardless of the legal grounds, shall expire at the latest one year from the time the Customer gains knowledge of the damage or, irrespective of this knowledge, at the latest two years after the damaging event. For claims based on Errors of the Licensed Product(s), the warranty limitation period pursuant to Section 4.2 shall apply.
6.6 Mandatory Liability. PTC's liability pursuant to the German Product Liability Act (Produkthaftungsgesetz), for injury of life, body and health, for fraudulent concealment of a defect or for the assumption of a guarantee as to condition (Beschaffenheitsgarantie) remains unaffected.
6.7 Employees. Sections 6.1 to 6.6 shall also apply in the case of any claims for damages of Customer against employees
or agents of PTC and/or PTC's affiliates.
6.8 Contributory Negligence. In the event of a guarantee or liability claim against PTC any contributory fault of Customer must be taken into account accordingly, particularly in the event of inadequate fault notification or inadequate data securing. It constitutes inadequate data securing if the client, among others, does not, by way of appropriate state of the art security measures, take precautions against external influences, e.g. computer viruses and other phenomena which could put individual data or an entire data stock at risk.
Schedule B - Definitions
"Concurrent User Products" means the Licensed Products licensed on a concurrent user basis, as specified either in the Quote or at
the Licensing Basis Webpage.
"Designated Computer" means the central processing unit(s) designated in writing by Customer to PTC at the time of installation of the Licensed Products (as may be modified in accordance with Section 1.2 of this Agreement).
"Designated Computer Product" means the Licensed Products licensed on a "Designated Computer" basis or otherwise designated as "fixed," "locked" or "node-locked", as specified either in the Quote or at the Licensing Basis Webpage. Designated Computer Products may not be remotely accessed or installed in a virtual environment.
"Designated Country" means the country of installation specified in writing by Customer to PTC at the time Customer places its
order of the Licensed Products. The Designated Country may be changed only in accordance with Section 1.2 of this Agreement.
"Designated Network" means the network designated in writing by Customer to PTC at the time of installation of the Licensed
Products (as may be modified in accordance with Section 1.2 of this Agreement).
"Designated Server" means a computer server designated in writing by Customer to PTC at the time of installation of the Licensed Products (as may be modified in accordance with Section 1.2 of this Agreement) that has one unique instance of the applicable installed Licensed Product application.
"Designated Server Products" means the Licensed Products licensed on a Designated Server basis, as specified either in the Quote or
at the Licensing Basis Webpage.
"Documentation" means the applicable Licensed Software user manuals provided or made available by electronic means by PTC at the time of shipment of the Licensed Software.
"Educational Software" means Licensed Products identified as "Priced for Education," "Student Edition," "Schools Edition," "Schools Advanced Edition," "University Edition," "Professor's Edition/Version" or "Academic Edition/Version," or otherwise designated as educational or academic licenses.
"Error" means a failure of the Licensed Software to conform substantially to the applicable Documentation, provided that Customer informs PTC of such failure in writing and PTC is able to replicate such failure after making reasonable efforts.
"External User" means a Registered User who is a vendor or other third party external to the Customer and its affiliates. "License" shall have the meaning set out in Section 1.1 of the body of the Agreement.
"License Term" means the time period during which the License for the applicable Licensed Products shall be in effect, as specified in the name of the Licensed Product or in the applicable Quote (subject to earlier termination pursuant to the terms hereof) or, if no Quote was provided to Customer, as otherwise communicated by PTC to Customer. In the absence of a stated license term, the License Term shall be perpetual, except that the License Term for evaluation Licenses shall be no longer than thirty days from the date of Customer's request for an evaluation license, unless otherwise specifically designated by PTC, and the evaluation License will cease to be operational after such term expires. The License Term of a "subscription" License is as specified in the Quote and/or the invoice, and such License includes Support Services during such License Term at no additional fee.
"License Locked Product" means a Licensed Product licensed for use with another PTC product to which the License Locked Product is an extension. The License Locked Product will assume the licensing basis of such other product.. License Locked Products are specified either in the Quote or at the Licensing Basis Webpage.
"Licensed Products" means collectively the Licensed Software and the Documentation.
"Licensed Software" means, collectively, the computer software product identified in the applicable Quote, as well as (i) any software product that is provided to operate with such computer software product (e.g., modules, software bundled with this software product, etc.), but excluding any software that is a consulting services deliverable, (ii) any Error corrections pursuant to Section 4.4 hereof, (iii) any updates, Error corrections and/or New Releases provided to Customer by PTC pursuant to Support Services purchased by Customer and (iv) any computer software provided to Customer in the course of PTC's delivery of Training Services.
"Licensing Basis Webpage" means the "Licensing Basis" document at http://www.ptc.com/support/customer_agreements/
index.htm, which specifies the licensing basis of PTC's different products and states certain additional product-specific terms and conditions.
"Support Services" means the provision of New Releases and, depending on the level of Support Services ordered, may also include telephone support, web-based support tools, and correction of Errors, all in accordance with Schedule C attached to this Agreement.
"New Release" means a modified or enhanced version of a Licensed Product that is designated by PTC as a new release of that
product and that PTC makes generally available to its Support Services customers.
"Permitted User" means an individual who is authorized by Customer to use the Licensed Products, such use to be solely in accordance with the terms and conditions of the Agreement. Permitted Users are limited to Customer's employees, consultants, subcontractors, suppliers, business partners and customers who (i) are not competitors of PTC or employed by competitors of PTC and (ii) are directly involved in the utilization of the Licensed Products solely in support of Customer's internal business purposes. Customer shall at all times be responsible for its Permitted Users' compliance with this Agreement.
"Per Instance Product" means a Licensed Product for which one License is required for each instance of a system to which the applicable Licensed Product connects. For example, if an adapter that is licensed on a Per Instance basis enables Windchill to connect to an ERP system and a CRM system, two licenses of such adapter will be required. The Licensed Products that are Per Instance Products are identified either in the Quote or at the Licensing Basis Webpage.
"Quote" means the PTC product schedule, quote or order confirmation provided to Customer in connection with the purchase of the applicable Licensed Product or, if no such document is provided, Customer's purchase order for such Licensed Product, if any.
"Registered User" means a Permitted User for whom Customer has purchased a License to use a Registered User Product and for
whom Customer has issued a password or other unique identifier to enable such individual to use the Registered User Product.
"Registered User Products" means the Licensed Products licensed on a Registered User basis, as specified either in the Quote or at
the Licensing Basis Webpage.
"Reseller" means a third-party appointed and authorized by PTC to resell or distribute any Licensed Product. .
"Services" means collectively Support Services and Training Services.
"Site License" means a Licensed Product for which one License is required for each Customer location, as specified either in the Quote or at the Licensing Basis Webpage. Multiple customer facilities located in the same city or town (based on postal address) shall be considered one "location," whereas locations located in different cities or towns will require multiple Site Licenses.
"Training Services" means instruction or other training provided by PTC in the use of the Licensed Products. "Training Services" does not include PTC's e-Learning training products (e.g., "PTCU"), which are considered Licensed Products for purposes of this Agreement.
"Uplift Fee" means a fee based upon the difference between the License fee applicable to installation of the applicable Licensed Product in the original Designated Country and the License fee applicable to the installation of such Licensed Product in the Designated Country to which Customer wishes to move the Licensed Product.
"Usage License Fee" means an ongoing fee that commences upon installation of the applicable Licensed Product and that, during the period for which the Usage License Fee is paid, entitles Customer to (i) continued use of the Licensed Product in accordance with the terms of the License and (ii) telephone support, Error corrections or workarounds, and New Releases for such software.
Schedule C - PTC Support Services Terms and Conditions
The following additional terms and conditions apply to the provision of Support Services by PTC:
Support Services Plan; Levels of Support Services. Upon PTC's acceptance of Customer's order for Support Services in respect of the Licensed Products, PTC and/or its authorized subcontractors shall provide Support Services in accordance with these terms for a time period of twelve (12) months or for such other period specified in Customer's order accepted by PTC (a "Support Services Plan"). All Support Services are provided subject to Customer's payment for such services at PTC's then-current rates, provided that for Licensed Product licensed on a subscription basis, such License includes Support Services during such License Term at no additional fee. If Customer does not order Support Services to commence on shipment of the Licensed Product(s), or if Customer at any time discontinues Support Services, and in either case subsequently wishes to obtain Support Services, Customer must pay (i) the then current fees for Support Services and (ii) the fees for Support Services for any period for which Customer has not purchased Support Services. The then current levels of Support Services offered and the corresponding services provided thereunder are described on http://www.ptc.com at
http://www.ptc.com/support/maintenance/maintenance_support_policies.htm
A Support Services Plan may not be cancelled by Customer following PTC's acceptance of an order for such Support Services Plan. With respect to Registered User Products, e-Learning products and Integrity Concurrent User and Server Licensed Products, Support Services ordered by Customer must cover all Licenses granted to Customer for such Licensed Products. PTC is obligated to provide Support Services only during periods for which Customer has paid the applicable Support Services fees and only in accordance with the level of Support Services Customer has purchased. The services offered under any Support Services Plan may change from time to time, and PTC may cease to offer Support Services Plans at any time without notice, subject only to the obligation to refund to Customer the unused portion of any previously paid applicable Support Services fee (on a prorated basis).
(a) Telephone Support. If Customer purchases Support Services at a level that includes telephone support, Customer may utilize PTC's telephone support service to report problems and seek assistance in use of the Licensed Products. The hours during which PTC will provide telephone support will vary depending upon the level of Support Services ordered by Customer. For all levels of Support Services that include telephone support, PTC will provide telephone support in the languages, and during normal business hours for the countries, listed on PTC's website at the website URL listed above. For levels of Support Services that include telephone support during non-business hours, PTC will provide such support in the English language only. Regardless of the total number of the Licensed Products licensed by Customer, Customer is entitled to telephone support only in direct connection with Licenses that are covered by a Support Services Plan at a level that includes telephone support.
(b) Repair of Errors. If Customer's Support Services Plan includes repair or workaround of Errors, PTC shall use diligent efforts to repair Errors or provide workarounds as required in such Support Services Plan, provided notice of the Error is received by PTC during the term of a Support Services Plan and Customer supplies such additional information regarding the Error as PTC may reasonably request.
(C) New Releases. PTC will provide Customer with one copy of each New Release for each Licensed Product for which Customer is entitled to Support Services at the time the applicable language version of the New Release is made generally available. Subject to different terms for particular products set forth at http://www.ptc.com/support/maintenance/maintenance_support_policies.htm, following shipment of the New Release, the previous release shall remain "current" for purposes of this Agreement for a period of ninety (90) days; thereafter only such New Release will be current.
(d) Exclusions.
(1) PTC is not obligated to perform investigation and/or repair of Errors (i) found by PTC to be in other than a current (as described above), unaltered release of the Licensed Products; (ii) caused by changes to the Customer's operating systems, environment, databases or other system components which adversely affect the Licensed Products; (iii) caused by Customer's modification of the Licensed Product or use thereof in combination or interconnection with software not provided by PTC; (iv) use of the Licensed Product on a computer, operating system, software or peripherals other than a computer, operating system, software or peripherals for which such Licensed Product was designed for and licensed for use on; (v) caused by improper or unauthorized use of the Licensed Products; (vi) due to external causes such as, but not limited to, power failures or electric power surges; or (vii) due to a failure by the Customer to implement recommendations in respect of solutions to Errors previously provided by PTC to Customer.
(2) PTC shall only be responsible for responding to problems reported by one of the two (2) technical contacts for Customer's main location (which technical contacts and main location have previously been identified in writing to PTC by Customer), and for sending New Releases to the "Central Support Location" designated by Customer in writing. Customer is responsible for the distribution of New Releases to any of Customer's additional locations where Licensed Products are authorized to be used. Customer is responsible for providing to PTC in writing the name, address, phone number, fax number, and e-mail address for each of Customer's designated contacts and Customer's Central Support Location.
(3) PTC is not obligated to perform any Support Services with respect to modifications or customizations of the Licensed Products, nor with respect to any developments resulting from Customer's use, development or customization of functionality contained within the Licensed Products, all of which are Customer's sole responsibility.
END OF (4) Ion GeneStudio(TM) S5 V5.18 END USER LICENSE AGREEMENT
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