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Licensing information about third-party products included with HARFANG® 3D.
-------------------------------------------------------------------------------
I. Mentions -----------
This software is based in part on the work of the Independent JPEG Group.
Portions of this software are copyright © 2015 The FreeType Project
(www.freetype.org). All rights reserved.
stb_vorbis, stb_image.h and stb_image_write.h written by Sean Barrett.
Lua Copyright © 1994–2015 Lua.org, PUC-Rio.
LuaJIT is Copyright © 2005-2015 Mike Pall, released under the MIT open source
license.
Bullet Collision Detection and Physics Library Copyright (c) 2012 Advanced Micro
Devices, Inc. http://bulletphysics.org
libcurl is Copyright (c) 1996 - 2015, Daniel Stenberg, daniel@haxx.se. All
rights reserved.
Anti-Grain Geometry - Version 2.4 Copyright (C) 2002-2005 Maxim Shemanarev
(McSeem)
Recast is Copyright (c) 2009 Mikko Mononen memon@inside.org
Extended Module Player Lite Copyright (C) 1996-2014 Claudio Matsuoka and
Hipolito Carraro Jr
enet is Copyright (c) 2002-2015 Lee Salzman
TinyXML-2 is released under the zlib license.
unzip.h version 1.1, February 14h, 2010 Copyright (C) 1998-2010 Gilles Vollant
(minizip) ( http://www.winimage.com/zLibDll/minizip.html )
Modifications of Unzip for Zip64 Copyright (C) 2007-2008 Even Rouault
Modifications for Zip64 support on both zip and unzip Copyright (C) 2009-2010
Mathias Svensson ( http://result42.com )
rapidjson is Copyright (C) 2011 Milo Yip
googletest is Copyright 2008, Google Inc. All rights reserved.
zlib is (C) 1995-2013 Jean-loup Gailly and Mark Adler
libvpx is Copyright (c) 2010, The WebM Project authors. All rights reserved.
II. Licenses ------------
1. jpeglib
Independent JPEG Group License LEGAL ISSUES
In plain English:
1. We don't promise that this software works. (But if you find any bugs, please
let us know!) 2. You can use this software for whatever you want. You don't have
to pay us. 3. You may not pretend that you wrote this software. If you use it in
a program, you must acknowledge somewhere in your documentation that you've used
the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied, with
respect to this software, its quality, accuracy, merchantability, or fitness for
a particular purpose. This software is provided "AS IS", and you, its user,
assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane. All Rights Reserved
except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software
(or portions thereof) for any purpose, without fee, subject to these conditions:
(1) If any part of the source code for this software is distributed, then this
README file must be included, with this copyright and no-warranty notice
unaltered; and any additions, deletions, or changes to the original files must
be clearly indicated in accompanying documentation. (2) If only executable code
is distributed, then the accompanying documentation must state that "this
software is based in part on the work of the Independent JPEG Group". (3)
Permission for use of this software is granted only if the user accepts full
responsibility for any undesirable consequences; the authors accept NO LIABILITY
for damages of any kind.
These conditions apply to any software derived from or based on the IJG code,
not just to the unmodified library. If you use our work, you ought to
acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name
in advertising or publicity relating to this software or products derived from
it. This software may be referred to only as "the Independent JPEG Group's
software".
We specifically permit and encourage the use of this software as the basis of
commercial products, provided that all warranty or liability claims are assumed
by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch,
sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA.
ansi2knr.c is NOT covered by the above copyright and conditions, but instead by
the usual distribution terms of the Free Software Foundation; principally, that
you must include source code if you redistribute it. (See the file ansi2knr.c
for full details.) However, since ansi2knr.c is not needed as part of any
program generated from the IJG code, this does not limit you more than the
foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf. It is
copyright by the Free Software Foundation but is freely distributable. The same
holds for its supporting scripts (config.guess, config.sub, ltconfig,
ltmain.sh). Another support script, install-sh, is copyright by M.I.T. but is
also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by
patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot
legally be used without obtaining one or more licenses. For this reason, support
for arithmetic coding has been removed from the free JPEG software. (Since
arithmetic coding provides only a marginal gain over the unpatented Huffman
mode, it is unlikely that very many implementations will support it.) So far as
we are aware, there are no patent restrictions on the remaining code.
The IJG distribution formerly included code to read and write GIF files. To
avoid entanglement with the Unisys LZW patent, GIF reading support has been
removed altogether, and the GIF writer has been simplified to produce
"uncompressed GIFs". This technique does not use the LZW algorithm; the
resulting GIF files are larger than usual, but are readable by all standard GIF
decoders.
We are required to state that "The Graphics Interchange Format(c) is the
Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark
property of CompuServe Incorporated."
2. FreeType 2
The FreeType Project LICENSE ----------------------------
2006-Jan-27
Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm, and Werner Lemberg
Introduction ============
The FreeType Project is distributed in several archive packages; some of
them may contain, in addition to the FreeType font engine, various tools and
contributions which rely on, or relate to, the FreeType Project.
This license applies to all files found in such packages, and which do
not fall under their own explicit license. The license affects thus the
FreeType font engine, the test programs, documentation and makefiles, at
the very least.
This license was inspired by the BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage inclusion and use of
free software in commercial and freeware products alike. As a
consequence, its main points are that:
o We don't promise that this software works. However, we will be
interested in any kind of bug reports. (`as is' distribution)
o You can use this software for whatever you want, in parts or
full form, without having to pay us. (`royalty-free' usage)
o You may not pretend that you wrote this software. If you use
it, or only parts of it, in a program, you must acknowledge somewhere
in your documentation that you have used the FreeType code.
(`credits')
We specifically permit and encourage the inclusion of this software,
with or without modifications, in commercial products. We disclaim all
warranties covering The FreeType Project and assume no liability related
to The FreeType Project.
Finally, many people asked us for a preferred form for a
credit/disclaimer to use in compliance with this license. We thus encourage
you to use the following text:
""" Portions of this software are copyright ? <year> The FreeType Project
(www.freetype.org). All rights reserved. """
Please replace <year> with the value from the FreeType version you actually
use.
Legal Terms ===========
0. Definitions --------------
Throughout this license, the terms `package', `FreeType Project', and
`FreeType archive' refer to the set of files originally distributed by
the authors (David Turner, Robert Wilhelm, and Werner Lemberg) as the
`FreeType Project', be they named as alpha, beta or final release.
`You' refers to the licensee, or person using the project, where `using' is
a generic term including compiling the project's source code as well as
linking it to form a `program' or `executable'. This program is referred
to as `a program using the FreeType engine'.
This license applies to all files distributed in the original FreeType
Project, including all source code, binaries and documentation,
unless otherwise stated in the file in its original, unmodified form
as distributed in the original archive. If you are unsure whether or not a
particular file is covered by this license, you must contact us to verify
this.
The FreeType Project is copyright (C) 1996-2000 by David Turner, Robert
Wilhelm, and Werner Lemberg. All rights reserved except as specified below.
1. No Warranty --------------
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL
ANY OF THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY
THE USE OR THE INABILITY TO USE, OF THE FREETYPE PROJECT.
2. Redistribution -----------------
This license grants a worldwide, royalty-free, perpetual and irrevocable
right and license to use, execute, perform, compile, display, copy,
create derivative works of, distribute and sublicense the FreeType
Project (in both source and object code forms) and derivative works
thereof for any purpose; and to authorize others to exercise some or all
of the rights granted herein, subject to the following conditions:
o Redistribution of source code must retain this license file
(`FTL.TXT') unaltered; any additions, deletions or changes to the
original files must be clearly indicated in accompanying documentation.
The copyright notices of the unaltered, original files must be
preserved in all copies of source files.
o Redistribution in binary form must provide a disclaimer that
states that the software is based in part of the work of the FreeType
Team, in the distribution documentation. We also encourage you to put
an URL to the FreeType web page in your documentation, though this isn't
mandatory.
These conditions apply to any software derived from or based on the
FreeType Project, not just the unmodified files. If you use our work, you
must acknowledge us. However, no fee need be paid to us.
3. Advertising --------------
Neither the FreeType authors and contributors nor you shall use the name of
the other for commercial, advertising, or promotional purposes without
specific prior written permission.
We suggest, but do not require, that you use one or more of the following
phrases to refer to this software in your documentation or advertising
materials: `FreeType Project', `FreeType Engine', `FreeType library', or
`FreeType Distribution'.
As you have not signed this license, you are not required to accept it.
However, as the FreeType Project is copyrighted material, only this
license, or another one contracted with the authors, grants you the right
to use, distribute, and modify it. Therefore, by using, distributing, or
modifying the FreeType Project, you indicate that you understand and accept
all the terms of this license.
4. Contacts -----------
There are two mailing lists related to FreeType:
o freetype@nongnu.org
Discusses general use and applications of FreeType, as well as future and
wanted additions to the library and distribution. If you are looking
for support, start in this list if you haven't found anything to help
you in the documentation.
o freetype-devel@nongnu.org
Discusses bugs, as well as engine internals, design issues, specific
licenses, porting, etc.
Our home page can be found at
http://www.freetype.org
3. zlib.h
/* zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.8, April 28th, 2013
Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty.
In no event will the authors be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it freely,
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 notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler jloup@gzip.org
madler@alumni.caltech.edu
*/
4. stb_vorbis
// Written by Sean Barrett in 2007, last updated in 2014 // Sponsored by RAD
Game Tools. // // Placed in the public domain April 2007 by the author: no
copyright // is claimed, and you may use it for any purpose you like. // // No
warranty for any purpose is expressed or implied by the author (nor // by RAD
Game Tools). Report bugs and send enhancements to the author.
5. stb_image.h
/* stb_image - v2.06 - public domain image loader -
http://nothings.org/stb_image.h
no warranty implied; use at your own risk
*/
6. stb_image_write.h
/* stb_image_write - v0.98 - public domain -
http://nothings.org/stb/stb_image_write.h
writes out PNG/BMP/TGA images to C stdio - Sean Barrett 2010
no warranty implied; use at your own risk */
7. Lua
Copyright © 1994–2015 Lua.org, PUC-Rio. 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.
8. LuaJIT
Copyright © 2005-2015 Mike Pall.
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.
8. Bullet Physics SDK
Bullet Collision Detection and Physics Library Copyright (c) 2012 Advanced Micro
Devices, Inc. http://bulletphysics.org
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software. Permission is granted to anyone to use this software for any
purpose, including commercial applications, and to alter it and redistribute it
freely, 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 notice may not be
removed or altered from any source distribution.
9. libcurl
Copyright (c) 1996 - 2015, Daniel Stenberg, daniel@haxx.se. 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.
10. AGG 2.4
Anti-Grain Geometry - Version 2.4 Copyright (C) 2002-2005 Maxim Shemanarev
(McSeem)
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. 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.
11. Recast
Copyright (c) 2009 Mikko Mononen memon@inside.org
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, 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 notice may not be
removed or altered from any source distribution.
12. libxmp-lite
Extended Module Player Lite Copyright (C) 1996-2014 Claudio Matsuoka and
Hipolito Carraro Jr
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.
13. enet
Copyright (c) 2002-2015 Lee Salzman
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.
14. tinyXML-2
TinyXML-2 is released under the zlib license:
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
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. Altered source versions must be plainly marked as such, and must not
be misrepresented as being the original software. This notice may not be removed
or altered from any source distribution.
15. unzip.h
/*
unzip.h -- IO for uncompress .zip files using zlib Version 1.1, February 14h,
2010 part of the MiniZip project - (
http://www.winimage.com/zLibDll/minizip.html )
Copyright (C) 1998-2010 Gilles Vollant (minizip) (
http://www.winimage.com/zLibDll/minizip.html )
Modifications of Unzip for Zip64 Copyright (C) 2007-2008 Even Rouault
Modifications for Zip64 support on both zip and unzip Copyright (C)
2009-2010 Mathias Svensson ( http://result42.com )
For more info read MiniZip_info.txt
---------------------------------------------------------------------------------
Condition of use and distribution are the same than zlib :
This software is provided 'as-is', without any express or implied warranty.
In no event will the authors be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it freely,
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 notice may not be removed or altered from any source distribution.
*/
16. rapidjson
Copyright (C) 2011 Milo Yip
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.
17. googletest
Copyright 2008, Google Inc. 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 Google 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.
18. libvpx
Copyright (c) 2010, The WebM Project authors. 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 Google, nor the WebM Project, 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.
19. MurmurV3
The MIT License
Copyright (c) 2008 Bryan McLemore, Chris Heald, Jorick Caberio
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.
20. xxHash
xxHash Library
Copyright (c) 2012-2014, Yann Collet
All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT 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.
21. meshoptimizer
MIT License
Copyright (c) 2016-2020 Arseny Kapoulkine
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.
III. FBX converter mentions ---------------------------
This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright
2014 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and
Autodesk, Inc. disclaims any and all warranties, whether express or implied,
including without limitation the implied warranties of merchantability, fitness
for a particular purpose or non-infringement of third party rights. In no event
shall Autodesk, Inc. 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 such code.
IV. FBX converter licenses --------------------------
1. FBX SDK 2015
Autodesk LICENSE AND SERVICES AGREEMENT Autodesk® FBX® SDK 2015
READ CAREFULLY: AUTODESK LICENSES THE SOFTWARE AND OTHER LICENSED MATERIALS
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the Licensed Materials and Services provided by Autodesk may not achieve the
results Licensee desires within Licensee’s design, analysis, simulation,
estimation, and/or testing constraints. 6.2 Activation Codes and Security. 6.2.1
Activation Code Required for Installation/Access and Continued Use.
Installation of and Access to the Licensed Materials require, and the continued
use thereof may from time to time require, activation codes issued by Autodesk.
Registration may be required before an activation code is issued by Autodesk.
Licensee will provide Autodesk and its Reseller with any information required
for such registration and agrees that any information provided to Autodesk or
its Reseller will be accurate and current. Licensee will also maintain and
update Licensee’s registration information, on an ongoing basis, through
customer data registration processes, including without limitation the Customer
Information Form, which may be provided by Autodesk. Licensee acknowledges and
agrees that Autodesk may use such information in accordance with its Privacy
Statement (as described or referenced in Section 4 (Privacy; Use of Information;
Connectivity)). 6.2.2 Disabling Access. LICENSEE ACKNOWLEDGES AND AGREES THAT
INSTALLATION OF AND ACCESS TO LICENSED MATERIALS MAY BE DISABLED BY THE
ACTIVATION, SECURITY, AND TECHNICAL PROTECTION MECHANISMS IF LICENSEE TRIES TO
TRANSFER ALL OR A PART OF THE LICENSED MATERIALS TO ANOTHER COMPUTER, IF
LICENSEE TAMPERS WITH THE TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING
MECHANISMS ON A COMPUTER OR IN THE LICENSED MATERIALS, IF LICENSEE USES THE
LICENSED MATERIALS PAST AN APPLICABLE RELATIONSHIP PROGRAM PERIOD OR FIXED TERM,
OR IF LICENSEE UNDERTAKES CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY MODE OR
UNDER OTHER CIRCUMSTANCES AND THAT, IN ANY SUCH EVENT, LICENSEE’S ACCESS TO
LICENSEE’S WORK PRODUCT AND OTHER DATA MAY BE AFFECTED. MORE INFORMATION IS
CONTAINED IN THE APPLICABLE LICENSED MATERIALS OR AVAILABLE FROM AUTODESK ON
REQUEST. 6.2.3 Effect of Activation Codes. Licensee acknowledges and agrees
that receipt of an activation code (whether or not provided to Licensee in
error) will not constitute evidence of or affect the scope of Licensee’s license
rights. Those rights will be only as set forth in this Agreement and the
applicable License Identification. 6.3 Affected Data. Work product and other
data created with Licensed Materials made available under certain License Types,
including licenses that limit the permitted purpose to educational purposes or
personal learning purposes, may contain certain notices and limitations that
make the work product and other data usable only in certain circumstances (e.g.,
only in the education field). In addition, if Licensee combines or links work
product or other data created with such Licensed Materials with work product or
other data otherwise created, then such other work product or data may also be
affected by these notices and limitations. Autodesk will have no responsibility
or liability whatsoever if Licensee combines or links work product or other data
created with such Licensed Materials with work product or other data otherwise
created. In addition, Licensee will not remove, alter or obscure any such
notices or limitations. 7. Limitations of Liability 7.1 Limitation on Type and
Amount of Liability. IN NO EVENT WILL AUTODESK OR ITS SUPPLIERS HAVE ANY
LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA;
OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH
DAMAGES OR OTHER LIABILITY). IN ADDITION, THE LIABILITY OF AUTODESK AND ITS
SUPPLIERS ARISING OUT OF OR RELATING TO ANY AUTODESK MATERIALS, RELATIONSHIP
PROGRAMS OR SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY LICENSEE FOR
SUCH AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES, RESPECTIVELY. 7.2
Application of and Basis for Limitations. THE LIMITATIONS OF LIABILITY IN THIS
SECTION 7 (LIMITATIONS OF LIABILITY) WILL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF AUTODESK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE
LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. ALSO,
LICENSEE AGREES THAT THE LICENSE, RELATIONSHIP PROGRAMS AND SERVICES FEES AND
OTHER FEES CHARGED BY AUTODESK AND PAID BY LICENSEE ARE BASED ON AND REFLECTIVE
OF THE ALLOCATION OF RISK CONTEMPLATED BY THIS SECTION 7 (LIMITATIONS OF
LIABILITY) AND THAT THE LIABILITY LIMITATIONS IN THIS SECTION 7 (LIMITATIONS OF
LIABILITY) ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. 8.
Term and Termination 8.1 Term; Termination or Suspension. Each license under
this Agreement, with respect to each specific set of Licensed Materials covered
by this Agreement, will become effective as of the latest to occur of: (a) this
Agreement becoming effective, (b) payment by Licensee of the applicable fees,
excluding licenses (such as evaluation licenses) where no fees are required, (c)
delivery of the specific Licensed Materials, and (d) in the case of Autodesk
Materials provided in connection with a Relationship Program, upon commencement
of the applicable Relationship Program period or fixed term. Each of Autodesk or
Licensee may terminate this Agreement, Licensee’s license as to Licensed
Materials, Licensee’s Relationship Program, and/or the provision of Services
relating to the Licensed Materials if the other party is in breach of this
Agreement and fails to cure such breach within ten (10) days after written
notice of the breach; however, if Licensee is in breach of Section 1 (License)
or Section 2 (License Limitations; Prohibitions), Autodesk may terminate this
Agreement, Licensee’s license as to Licensed Materials, Licensee’s Relationship
Program, and/or the provision of Services relating to the Licensed Materials
immediately upon written notice of the breach. In addition, Autodesk may, as an
alternative to termination, suspend Licensee’s license as to the Licensed
Materials, Licensee’s Relationship Program, the provision of Services relating
to the Licensed Materials, and/or other Autodesk obligations or Licensee rights
under this Agreement (or under other terms, if any, relating to materials
associated with the Licensed Materials), if Licensee fails to make a payment to
Autodesk or a Reseller or otherwise fails to comply with the provisions of this
Agreement or other terms relating to any such license, Relationship Program,
Services, or other associated materials. Autodesk may also terminate this
Agreement if Licensee becomes subject to bankruptcy proceedings, becomes
insolvent, or makes an arrangement with Licensee’s creditors. This Agreement
will terminate automatically without further notice or action by Autodesk if
Licensee goes into liquidation. Licensee acknowledges and agrees that Autodesk
may assign or sub-contract any of its rights or obligations under this
Agreement. 8.2 Effect of Termination of Agreement or License. Upon termination
or expiration of this Agreement, the licenses granted hereunder will terminate.
Upon termination or expiration of any license granted to Licensee, Licensee must
cease all use of Autodesk Materials to which such license applies, any
Relationship Program (including, without limitation, associated services), and
any Services and Uninstall all copies of the Autodesk Materials. At Autodesk’s
request, Licensee agrees to destroy or return to Autodesk or the Reseller from
which they were acquired all Autodesk Materials. Autodesk reserves the right to
require Licensee to show satisfactory proof that all copies of the Autodesk
Materials have been Uninstalled and, if so requested by Autodesk, destroyed or
returned to Autodesk or the Reseller from which they were acquired. If
Licensee’s Relationship Program is terminated or expires, but this Agreement and
Licensee’s license to the Licensed Materials remains in effect, any rights of
Licensee based on the Relationship Program (including, without limitation,
rights with respect to Previous Versions) will terminate, and (unless otherwise
authorized by the Relationship Program Terms) Licensee must comply with the
obligations of Section 1.2.1 (Effect of Upgrades) with respect to (including the
obligations to cease use of, Uninstall and destroy or return) all copies of such
Previous Versions. 8.3 Survival. Sections 1.3 (Additional Terms), 1.4 (Other
Materials), 1.5 (Authorized Users), 1.6 (Third-Party Licensed Materials), 1.11
(APIs), 2.1.1 (No License Granted;Unauthorized Activities), 2.1.4 (Effect of
Unauthorized Use), 2.2 (Circumvention), 3 (All Rights Reserved), 4 (Privacy; Use
of Information; Connectivity), 5.2 (Disclaimer), 6 (Warnings), 7 (Limitations of
Liability), 8 (Term and Termination), and 9 (General Provisions) and Exhibit A
will survive any termination or expiration of this Agreement. 9. General
Provisions 9.1 Notices. Notices in connection with this Agreement by either
party will be in writing and will be sent by electronic mail, postal service, or
a delivery service (such as UPS, FedEx or DHL), except that Licensee may not
provide notice to Autodesk of an Autodesk breach or provide notice of
termination of this Agreement by electronic mail. Notices from Autodesk to
Licensee will be effective (a) in the case of notices by email, one (1) day
after sending to the email address provided to Autodesk, or (b) in the case of
notices by mail or delivery service, five (5) days after sending by regular post
or delivery service to the address provided to Autodesk. Licensee hereby
consents to service of process being effected on Licensee by registered mail
sent to the address set forth on Licensee’s Customer Information Form (or, if no
Customer Information Form has been provided, Licensee’s last address known by
Autodesk) if so permitted by applicable law. Notices from Licensee to Autodesk
will be effective (a) in the case of notices by email, one (1) day after sending
to (and receipt by Autodesk at) CopyrightAgent@autodesk.com, or (b) in the case
of notices by mail or delivery service, when received by Autodesk at Autodesk,
Inc., 111 McInnis Parkway, San Rafael, California 94903, USA, Attention:
Copyright Agent. If Licensee participates in a Relationship Program, either
party may also provide notice as set forth in the Relationship Program Terms.
9.2 Governing Law and Jurisdiction. This Agreement will be governed by and
construed in accordance with the laws of (a) Switzerland if Licensee acquired
the Autodesk Materials in a country in Europe, Africa or the Middle East, (b)
Singapore if Licensee acquired the Autodesk Materials in a country in Asia,
Oceania or the Asia-Pacific region, or (c) the State of California (and, to the
extent controlling, the federal laws of the United States) if Licensee acquired
the Autodesk Materials in a country in the Americas (including the Caribbean) or
any other country not specified in this Section 9.2 (Governing Law and
Jurisdiction). The laws of such jurisdictions shall govern without reference to
the conflicts-of-laws rules thereof. The UN Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act
shall not apply to (and are excluded from the laws governing) this Agreement.
In addition, each party agrees that any claim, action or dispute arising under
or relating to this Agreement will be brought exclusively in (and the parties
will be subject to the exclusive jurisdiction of) the Superior Court of the
State of California, County of Marin, or the United States District Court for
the Northern District of California in San Francisco, except that if Licensee
has acquired the Autodesk Materials in (a) a country in Europe, Africa or the
Middle East, any such claim or dispute will be brought exclusively in (and the
parties will be subject to the exclusive jurisdiction of) the courts of
Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any
such claim or dispute will be brought exclusively in (and the parties will be
subject to the exclusive jurisdiction of) the courts of Singapore. Nothing in
the foregoing will prevent Autodesk from bringing an action for infringement of
intellectual property rights in any country where such infringement is alleged
to occur. 9.3 No Assignment; Insolvency. Licensee may not assign this Agreement
or any rights hereunder (whether by purchase of stock or assets, merger, change
of control, operation of law, or otherwise) without Autodesk's prior written
consent, which may be withheld in Autodesk's sole and absolute discretion, and
any unauthorized purported assignment by Licensee will be void. In the context
of any bankruptcy or similar proceeding, Licensee acknowledges and agrees this
Agreement is and shall be treated as an executory contract that may not be
assumed and/or assigned without Autodesk's prior written consent, which consent
may be withheld in Autodesk's sole and absolute discretion whether pursuant to
Section 365(c)(1) of Title 11 of the United States Code or any other applicable
law respecting the treatment of executory contracts within bankruptcy. Any
assignment (regardless of how or on what basis the assignment may occur) will be
conditioned on compliance with the following: at least thirty (30) days before
assigning or agreeing to any assignment of rights under this Agreement
(including transferring any copies of or right to use the Software), (a)
Licensee must provide written notice to Autodesk, Uninstall all copies of the
Software, and (without limitation of the generality of Section 9.7 (Audits))
allow Autodesk or its designee to inspect the records, systems and facilities of
(or operated for) Licensee and its subsidiaries and affiliates to verify (by any
means available to Autodesk, whether remotely or on premises) that all copies of
the Software have been Uninstalled, (b) the proposed assignee must agree to
comply (and Licensee must ensure that the assignee will comply) with all of the
obligations of this Agreement with respect to such Software, which agreement
must provide that Autodesk is a third-party beneficiary of the assignee’s
agreement, and the assignee must provide a copy of the agreement to Autodesk,
and (c) Licensee and proposed assignee must comply with all other transfer
procedures identified by Autodesk. 9.4 Autodesk Subsidiaries and Affiliates.
Licensee acknowledges and agrees that Autodesk may arrange to have its
subsidiaries and affiliates engage in activities in connection with this
Agreement, including, without limitation, delivering Autodesk Materials and
providing Relationship Programs and Services, provided that Autodesk (and not
such subsidiaries and affiliates) will remain subject to the obligations of
Autodesk under this Agreement. Licensee also agrees that Autodesk’s
subsidiaries and affiliates may enforce (including taking actions for breach of)
this Agreement. 9.5 Exceptions to Prohibitions; Severability. 9.5.1 Exceptions
to Prohibitions. The prohibitions contained in this Agreement will not apply
where and to the extent applicable law does not allow such prohibitions to be
enforced. Licensee may have other rights under the laws of the state or country
within the Territory where the Licensed Materials are acquired, and this
Agreement does not change Licensee’s rights under the laws of such state or
country if and to the extent the laws of such state or country do not permit
this Agreement to do so. Licensee will bear the burden of proof to demonstrate
that applicable law does not allow (i) the enforcement of such prohibitions; or
(ii) this Agreement to change particular rights in a state or country (and that
Licensee has not exceeded the bounds of the unenforceable prohibitions and
unchangeable rights). 9.5.2 Severability. If and to the extent any provision of
this Agreement is held illegal, invalid, or unenforceable in whole or in part
under applicable law, such provision or such portion thereof will be ineffective
as to the jurisdiction in which it is illegal, invalid, or unenforceable to the
extent of its illegality, invalidity, or unenforceability and will be deemed
modified to the extent necessary to conform to applicable law so as to give the
maximum effect to the intent of the parties. The illegality, invalidity, or
unenforceability of such provision in that jurisdiction will not in any way
affect the legality, validity, or enforceability of such provision or any other
provision of this Agreement in any other jurisdiction. 9.6 No Waiver. No term
or provision of this Agreement will be considered waived, and no breach excused,
unless such waiver is in writing signed on behalf of the party against which the
waiver is asserted. No waiver (whether express or implied) will constitute
consent to, waiver of, or excuse of any other, different, or subsequent breach.
9.7 Audits. Licensee agrees that Autodesk has the right to require an audit
(electronic or otherwise) of the Autodesk Materials and the Installation thereof
and Access thereto. As part of any such audit, Autodesk or its authorized
representative will have the right, on fifteen (15) days’ prior notice to
Licensee, to inspect Licensee’s records, systems and facilities, including
machine IDs, serial numbers and related information, to verify that the use of
any and all Autodesk Materials is in conformance with this Agreement. Licensee
will provide full cooperation to enable any such audit. If Autodesk determines
that Licensee’s use is not in conformity with the Agreement, Licensee will
obtain immediately and pay for valid license(s) to bring Licensee’s use into
compliance with this Agreement and other applicable terms and pay the reasonable
costs of the audit. In addition to such payment rights, Autodesk reserves the
right to seek any other remedies available at law or in equity, whether under
this Agreement or otherwise. 9.8 Language. The English language version of this
Agreement is legally binding in case of any inconsistencies between the English
version and any translations. If Licensee purchased the license for the
Licensed Materials in Canada, Licensee agrees to the following: The parties
hereto confirm that it is their wish that this Agreement, as well as other
documents relating hereto, including notices, have been and shall be written in
the English language only. Les parties ci-dessus confirment leur désir que cet
accord ainsi que tous les documents, y compris tous avis qui s'y rattachent,
soient rédigés en langue anglaise. 9.9 Construction. Ambiguities in this
Agreement will not be construed against the drafter. 9.10 Force Majeure.
Autodesk will not be liable for any loss, damage or penalty resulting from
delays or failures in performance resulting from acts of God, supplier delay or
other causes beyond Autodesk's reasonable control. 9.11 U.S. Government Rights.
For U.S. Government procurements, all Autodesk Materials are deemed to be
commercial computer software as defined in FAR 12.212 and subject to restricted
rights as defined in FAR Section 52.227-19 "Commercial Computer Software -
Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software
or Commercial Computer Software Documentation”, as applicable, and any successor
regulations. Any use, modification, reproduction release, performance, display
or disclosure of the Autodesk Materials by the U.S. Government shall be solely
in accordance with license rights and restrictions described herein. 9.12 Export
Control. Licensee acknowledges and agrees that the Autodesk Materials and
Services (including any data submitted by Licensee in connection with a Service
and any Licensee-specific output generated by a Service) are subject to
compliance with United States and other applicable country export control and
trade sanctions laws, rules and regulations, including, without limitation the
regulations promulgated by the U.S. Department of Commerce and the U.S.
Department of the Treasury (collectively, "Export Control Laws"). Licensee
represents, warrants and covenants that neither Licensee nor Licensee’s
Personnel (i) are a citizen or resident of, or located within, a nation that is
subject to U.S. trade sanctions or other significant trade restrictions
(including, without limitation, Cuba, Iran, Sudan, Syria and North Korea), (ii)
are identified on any of the U.S. government restricted party lists (including,
without limitation, the U.S. Treasury Department's List of Specially Designated
Nationals and Blocked Persons, the U.S. Department of Commerce’s Denied Party
List, Entity List and Unverified List and the U.S. Department of State’s
proliferation-related lists), (iii) will, unless otherwise authorized under the
Export Control Laws, use Autodesk Materials or Services in any restricted end
use, including, without limitation, design, analysis, simulation, estimation,
testing, or other activities related to nuclear, chemical/biological weapons,
rocket systems or unmanned air vehicles applications, or (iv) will use the
Autodesk Materials or Services to disclose, transfer, download, export, or
re-export, directly or indirectly, any Licensee-specific output generated by the
Autodesk Materials or Services, Licensee content, third party content, or any
other content or material to any country, entity, or party that is ineligible to
receive such items under the Export Control Laws or other laws or regulations to
which Licensee may be subject. Licensee understands that the requirements and
restrictions of the Export Control Laws as applicable to Licensee may vary
depending on the Autodesk Materials or Services provided under this Agreement
and may change over time. Licensee shall be solely responsible for (i)
determining the precise controls applicable to the Autodesk Materials or
Services, and (ii) complying with the Export Control Laws and monitoring any
modifications to them. 9.13 Entire Agreement. This Agreement and any other
terms referenced in this Agreement (such as the Relationship Program Terms and
the Services Terms) constitute the entire agreement between the parties (and
merge and supersede any prior or contemporaneous agreements, discussions,
communications, agreements, representations, warranties, advertising or
understandings) with respect to the subject matter hereof, except that
particular Autodesk Materials may be subject to additional or different terms
associated with such Autodesk Materials. The parties acknowledge that, in
entering into this Agreement, they are not relying on any agreements,
discussions, communications, agreements, representations, warranties,
advertising or understandings other than as expressly set forth in this
Agreement. Licensee acknowledges and agrees that Autodesk may add to or change
the Relationship Program Terms and the Services Terms from time to time,
provided that Autodesk will provide written notice of the additions or changes
(and may allow Licensee not to renew, may permit Licensee to terminate, and may
offer other options with respect to Relationship Programs or Services) before
the additions or changes are effective as to Licensee. In the event of a
conflict between this Agreement and any other terms of Autodesk (including,
without limitation, the Relationship Program Terms, the Services Terms, or such
additional or different terms), the other terms will apply. Terms stipulated by
Licensee in any communication by Licensee which purport to vary this Agreement
or such other terms will be void and of no effect unless agreed in a writing
signed by an authorized representative of Autodesk. Any other modifications to
this Agreement will also be invalid unless agreed to in a writing signed by an
authorized representative of Autodesk. 10. Additional Terms. This Section 10
(Additional Terms) applies to the following Software that may be included within
the Licensed Materials: (i) Autodesk Maya; (ii) Autodesk Softimage; (iii)
Autodesk 3ds Max; and (iv) Autodesk 3ds Max Design. 10.1 Rendering. 10.1.1 With
regard to the Rendering Software (defined below), in addition to any other
license granted in this Agreement, Licensee may allow the Rendering Software to
be Installed or Accessed on a Networked Basis, solely for Licensee’s Internal
Business Needs, specifically to render files created with the Software.
However, if the Rendering Software is mental ray, and the Software is provided
with a finite number of mental ray rendering nodes, then with regard to mental
ray the foregoing is restricted to that number of mental ray rendering nodes.
10.1.2 With regard to the mental ray Batch Software (defined below), in addition
to any other license granted in this Agreement, Licensee may allow the mental
ray Batch Software to be Installed or Accessed on a Networked Basis, solely for
Licensee’s Internal Business Needs, and used (i) specifically to render files
created with the Software; or (ii) by the Rendering Software specifically to
render files created with the Software. The total number of CPUs used by the
mental ray Batch Software cannot exceed the number specified in the License
Identification. 10.1.3 With regard to the mental ray Standalone (defined below),
Licensee may allow the mental ray Standalone to be Installed or Accessed, on a
Networked Basis, solely on Computing Device(s) (defined below) solely for
Licensee’s Internal Business Needs specifically to render files created with the
Software. With regard to mental ray Standalone, any reference in the Agreement
to Computer is hereby deleted and “Computing Device(s)” substituted therefor.
10.1.4 With regard to the mental ray Satellite (defined below) for each of
Autodesk 3ds Max, Autodesk Maya and Autodesk Softimage Software each mental ray
Satellite executable(s) may run on one (1) or more host no more than four (4)
client Computing Devices. With regard to mental ray Satellite, any reference in
the Agreement to Computer is hereby deleted and “Computing Device(s)”
substituted therefor. 10.1.5 Definitions. (1) “mental ray Standalone” means the
mental ray Standalone client/server executable, including the mental ray
standard shader libraries and utility programs, used specifically for rendering
files created with the Software. (2) “Rendering Software” means a subset of the
Software used specifically for rendering files created with the Software. (3)
“mental ray Batch Software” means a subset of the Software used: (i)
specifically for rendering files created with the Software or (ii) by the
Rendering Software specifically for rendering files created with the Software.
(4) “mental ray Satellite” means the mental ray Satellite server executable,
including the mental ray standard shader libraries. mental ray Satellite is
functionally equivalent to the mental ray Standalone server executable, used
specifically for rendering files created with the Software except it is not able
to read and write files in the complete mi2 format. (5) “Computing Device” means
(i) a single electronic assembly with a maximum of: (a) four (4) CPUs
(regardless of the number of cores in each CPU) each CPU having one or more
microprocessors, (b) four (4) discrete GPU-based computing boards; or (ii) a
software implementation of the single electronic assembly, (a so-called 'virtual
machine') described in (i) above, which single electronic assembly accepts
information in digital or similar form and manipulates the information for a
specific result based on a sequence of instructions. 10.2 Exceptions. 10.2.1
This Section 10.2 (Exceptions) applies to the Autodesk Media & Entertainment 3D
entertainment Software that may be included within the Licensed Materials.
Notwithstanding the provisions set forth in Section 2.1.1 (No License Granted;
Unauthorized Activities) if: (i) the Redistributable Component (defined below)
operates with the Software and with Licensee Application; and (ii) the
Redistributable Component is linked to Licensee Application; then Licensee may
reproduce and distribute the Redistributable Component and Licensee Application
together, subject to Licensee’s strict adherence to all of the following terms
and conditions: (a) the class identifications for any classes of objects
Licensee created shall be different from and clearly distinguishable from the
class identifications used by Autodesk; (b) modified Sample (defined below) code
and any resulting binary files in Licensee Application are identified as
developed by Licensee, and not by Autodesk; (c) Licensee Application has
Licensee’s copyright notice; (d) any Modification (defined below), and resulting
binary files, shall include the copyright notices of Autodesk, Inc. as well as
the following statement: "This software contains copyrighted code owned by
Autodesk, Inc. but has been modified and is not endorsed by Autodesk, Inc." The
language of the copyright notice and the statement shall be in the same language
as the Software language; (e) distribution is strictly for not-for-profit
purposes; (f) distribution is either in binary form or text form; (g)
distribution is subject to a standard form of click-through end-user license
agreement which license agreement, among other things: (1) protects Autodesk's
interests consistent with the terms of this Agreement; and (2) prohibits the
redistribution of the Redistributable Component; (h) if the Redistributable
Component operates with the Autodesk 3ds Max Software and/or Autodesk 3ds Max
Design Software and with Licensee Application then prior to reproduction and
distribution of the Redistributable Component and Licensee Application all MIDI
files have been excluded from the Redistributable Component and Licensee
Application; and (i) Licensee agrees to defend, indemnify and hold harmless
Autodesk and its subsidiaries and affiliates from and against any and all
damages, costs, losses, liabilities, expenses and settlement amounts incurred in
connection with any suit, claim or action by any third party alleging that the
Redistributable Component and/or Licensee Application infringes or
misappropriates any patent, copyrights, moral rights, trademark, trade secret
and design rights, whether registered or unregistered, and including any
application for registration of any of the foregoing and all rights or forms of
protections of a similar nature having equivalent or similar effect to any of
these, which may subsist anywhere in the world, of such third party. 10.2.2
Definitions. (1) "Licensee Application" means, with regard to the Software, a
Modification made by Licensee for designing, developing, and testing an
application program made by Licensee. (2) "Modification" means any: (i) addition
to the substance of a Sample or any addition to the substance of the contents of
a file containing a Sample; (ii) any deletion from the structure of a Sample, or
any deletion from the structure of the contents of a file containing a Sample;
and/or (iii) any new file that contains any part of a Sample; all of which, in
Autodesk’s sole discretion, ensures that the Sample is not the primary source of
value. (3) "Redistributable Component" means the Sample(s) and/or a
Modification. (4) "Sample(s)" means sample source code, or individual
animations, still images, and/or audio files contained in the Software, and
located in the samples directory, the examples subdirectory, samples files or
any similar type directory or file. 10.3 Additional Terms; Certain Softimage
Materials. This Section 10.3 (Additional Terms; Certain Softimage Materials)
applies to the following Software that may be included within the Licensed
Materials: (i) Autodesk Softimage Mod Tool software; and (ii) Autodesk Softimage
Mod Tool Pro software. 10.3.1 Autodesk Softimage Mod Tool Software. In the
event the Software is Autodesk Softimage Mod Tool Software then the applicable
Exhibit B License Type is B. 4. (Educational Stand-alone (Individual) License).
10.3.2 Autodesk Softimage Mod Tool Pro Software. In the event the Software is
Autodesk Softimage Mod Tool Pro Software, then the applicable Exhibit B License
Type is B. 1. (Stand-alone (Individual) License), however, Licensee’s Internal
Business Needs are limited to the design, development and testing of an
application program designed to function with the Software for Licensee’s
internal use in producing multimedia content in conjunction with Licensee’s
valid XNA® Creators Club Online Premium Membership. 11. Additional Terms:
Quantity Take Off. This Section 11 (Additional Terms; Quantity Take Off) applies
to the Quantity Take Off Software that may be included within the Licensed
Materials (“QTO Software”): 11.1 The QTO Software is based in part on the work
of the Independent JPEG Group. 11.2 Portions of the QTO Software include Crystal
Reports Runtime Software (“Runtime Software”) licensed from Business Objects
Software Ltd (“Business Objects”). Licensee’s use of the Runtime Software is
subject to the following terms: (a) Licensee agrees not to alter disassemble,
decompile, translate, adapt or reverse-engineer the Runtime Software or the
report file (.RPT) format; (b) Licensee agrees not to distribute the Runtime
Software with any general-purpose report writing, data analysis or report
delivery product or any other product that performs the same or similar
functions as Business Objects’ product offerings; (c) Licensee agrees not to use
the Runtime Software to create for distribution a product that is generally
competitive with Business Objects' product offerings; (d) Licensee agrees not to
use the Runtime Software to create for distribution a product that converts the
report file (.RPT) format to an alternative report file format used by any
general-purpose report writing, data analysis or report delivery product that is
not the property of Business Objects; and (e) Licensee agrees not to use the
Crystal Reports Software on a rental or timesharing basis or to operate a
service bureau facility for the benefit of third-parties. 11.3 BUSINESS OBJECTS
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BUSINESS OBJECTS AND ITS SUPPLIERS
SHALL HAVE NO LIABILITY WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH
THE CRYSTAL REPORTS SOFTWARE. 12. Autodesk download technology may use the
Akamai NetSession Interface, which may utilize a limited amount of your upload
bandwidth and PC resources to connect you to a peered network and improve speed
and reliability of Web content. The Akamai NetSession Interface is secure
client-side networking technology that harnesses the power of your computer to
deliver software and media available on the Akamai network. Your Akamai
NetSession Interface works collectively with other Akamai NetSession Interfaces,
along with thousands of Akamai edge servers, and runs as a networking service
utilizing a limited amount of your computer's available resources. More
information about the Akamai NetSession Interface is available here:
http://www.akamai.com/client. By clicking "Accept" and using the Autodesk
download technology, you accept the Akamai License Agreement
(http://www.akamai.com/eula) in addition to the Autodesk License and Service
Agreement.
Exhibit A Definitions 1. “Access” or “Accessible” means, with respect to a
computer program or other materials, (a) to use or execute the computer program
or other materials or (b) to use or otherwise benefit from the features or
functionality of the computer program or other materials. 2. “Agreement” means
this License and Services Agreement, including all exhibits and schedules
thereto, as the License and Services Agreement may be amended from time to time
in accordance with the terms thereof. 3. “Authorized User” means any individual
person who Installs or Accesses, or is authorized to Install or Access, any of
the Licensed Materials. 4. “Autodesk” means Autodesk, Inc., a Delaware
corporation, except that if, Licensee acquires a license to the Autodesk
Materials in (a) a country in Europe, Africa or the Middle East, “Autodesk”
means Autodesk Development Sàrl or (b) a country in Asia, Oceania or the
Asia-Pacific region, “Autodesk” means Autodesk Asia Pte Ltd. 5. “Autodesk
License Manager” means the tool known as Autodesk License Manager or any future
Autodesk tool for managing, monitoring or controlling Installation of or Access
to Autodesk Materials. 6. “Autodesk Materials” means any materials distributed
or made available by Autodesk, directly or indirectly, including Software,
Supplemental Materials, User Documentation and Excluded Materials (whether or
not licensed to Licensee). 7. “Computer” means (i) a single electronic device,
with one or more central processing units (CPUs), that accepts information in
digital or similar form and manipulates the information for a specific result
based on a sequence of instructions, or (ii) a software implementation of such a
device (or so-called virtual machine). 8. “Customer Information Form” means a
form completed by or on behalf of Licensee and submitted to Autodesk or a
Reseller, directly or indirectly, in connection with Licensee’s order for a
license of Autodesk Materials, Relationship Program or Services. 9. “Educational
Licensee” means a Licensee who is also (a) a Qualified Educational Institution,
(b) Faculty, (c) Student or (d) Other Authorized Educational Licensee. An
Educational Licensee may be required to show proof of eligibility if requested
by Autodesk. Autodesk, in its sole discretion, retains the right to determine
the eligibility of an Educational Licensee. 10. “Educational Purposes” means
(i) in the case of a Qualified Educational Institution, Faculty or Other
Authorized Educational Licensees, purposes directly related to learning,
teaching, training, research and development that are part of the instructional
functions performed by a Qualified Educational Institution or Other Authorized
Educational Licensee and (ii) in the case of Students, purposes related to
learning, training, research or development. “Educational Purposes” does not
include commercial, professional or any other for-profit purposes. 11.
“Evaluation Purposes” means purposes of evaluation and demonstration of the
capabilities of the Software or Supplemental Materials but excludes competitive
analysis and any commercial, professional, or other for-profit purposes. 12.
“Excluded Materials” means any materials, including Software, Supplemental
Materials or User Documentation (and including, without limitation, any computer
programs, modules or components of a computer program, functionality or features
of a computer program, explanatory printed or electronic materials, content or
other materials, if any), that may be provided or become available to Licensee,
by any means, or that are on any media delivered to Licensee, for which (a)
Licensee does not have a License Identification, or (b) Licensee has not paid
(and continued to pay) the applicable fees. Licensee acknowledges that Excluded
Materials are included on media or via download for convenience of the licensing
mechanism used by Autodesk, and inclusion does not in any way authorize,
expressly or impliedly, a right to use such Excluded Materials. 13. “Faculty”
means an individual person who is an employee or independent contractor working
for a Qualified Educational Institution. 14. “Install” and “Installation” means,
with respect to a computer program or other materials, to copy the program or
other materials onto a hard disk or other storage medium. 15. “License
Identification” means one or more designations by Autodesk that set forth the
License Type (among other things) for Licensee’s license of the Licensed
Materials. The License Identification may be (a) located (i) in the Licensed
Materials (e.g., in an “About” box, license information dialog box, or text file
of Software), (ii) on or with Autodesk packaging, or (iii) in a written
confirmation or other notice issued to Licensee by Autodesk and transmitted via
email, facsimile, physical delivery, or otherwise, or (b) obtained from Autodesk
on request. For clarification, License Identification does not include a
designation, confirmation, packaging or other document provided by a Reseller or
other third party. 16. “License Type” means a type of license specified by
Autodesk for Autodesk Materials, including the types set forth in Exhibit B.
License Type includes the terms specified by Autodesk for each type of license,
including the applicable terms set forth in Exhibit B. License Type is
determined by Autodesk and may be specified in the applicable License
Identification. 17. “Licensed Materials” means Software, Supplemental Materials
and User Documentation (a) downloaded by clicking on the “I accept” button or
other button or mechanism associated with this Agreement or by otherwise
indicating assent to this Agreement, (b) delivered prepackaged with this
Agreement, or (c) otherwise accompanied by this Agreement, provided that (i) in
the case of Software, the Software is identified in an applicable License
Identification, and (ii) Licensee has paid (and continues to pay) the applicable
fees. Licensed Materials also includes Supplemental Materials and User
Documentation that Autodesk provides or makes available to Licensee for use with
Software licensed under this Agreement if there are no separate terms for such
materials specified by Autodesk. Licensed Materials includes, without
limitation, any error corrections, patches, service packs, updates and upgrades
to, and new versions of, the Licensed Materials that Autodesk provides or makes
available to Licensee under Licensee’s then-current license. Licensee
acknowledges that availability of Upgrades and new versions may be subject to
additional fees and the Relationship Program Terms. In addition, Licensed
Materials includes, without limitation, any Previous Versions and other Autodesk
Materials that Licensee receives or retains pursuant to the Relationship Program
Terms, but only for so long as and to the extent expressly authorized by the
Relationship Program Terms. Notwithstanding the foregoing (or any other
provision of this Agreement), Licensed Materials in all cases excludes Excluded
Materials. 18. “Licensee” means (a) the company or other legal entity on behalf
of which Autodesk Materials are acquired, if the Autodesk Materials are acquired
on behalf of such an entity (e.g., by an employee, independent contractor, or
other authorized representative), or (b) if there is no such entity, the
individual who accepts this Agreement (e.g., by selecting the “I accept” button
or other button or mechanism associated with this Agreement or otherwise
indicating assent to this Agreement, or by installing, downloading, accessing,
or otherwise copying or using all or any portion of the Autodesk Materials).
For clarification, “Licensee” refers only to a single, specifically identified
legal entity or individual, and does not include any subsidiary or affiliate of
any such legal entity or individual or any other related person. 19. “Licensee’s
Internal Business Needs” means, in reference to Licensed Materials, the use of
such Licensed Materials (and the features and functionality thereof) by
Licensee’s own Personnel to meet the internal requirements of Licensee’s
business in the ordinary course of such business, provided that Internal
Business Needs will in no event include providing or making available such
Licensed Materials (or the features or functionality thereof) to any third
party. 20. “Networked Basis” means a computing environment that includes a
Computer acting as a file server which allows the Licensed Materials Installed
on such Computer to be uploaded and Installed to, and operated, viewed or
otherwise Accessed from, other Computers through a local area network connection
or through a VPN connection subject to compliance with the VPN Requirements. 21.
“Open Source” means any software code that: (a) contains, or is derived in any
manner, (in whole or in part), from any software that is distributed as free
software, open source software, shareware (e.g., Linux), or similar licensing or
distribution models; and (b) is subject to any agreement with terms requiring
that using, copying, modifying or redistributing the software requires that such
software and/or the derivative works of such software be: (i) disclosed and/or
distributed in source code form; (ii) be licensed for the purpose of making
derivative works; and/or (iii) be redistributed free of charge; including,
without limitation, software licensed or distributed under any of the following
licenses or distribution models, or licenses or distribution models similar to,
GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL). 22. “Other
Authorized Educational Licensee” means a Licensee described at
http://www.autodesk.com/educationterms or as otherwise authorized in writing by
Autodesk. 23. “Permitted Number” means a maximum number (e.g., number of
authorized users, number of concurrent users, number of computers, sessions,
etc.) applicable to a license of the Licensed Materials and to the License Type
associated with such license. Such number is determined by Autodesk and may be
specified in the applicable License Identification. 24. “Personal Learning
Purposes” means (i) personal learning as a Student or (ii) in the case of a
non-Student, personal learning, excluding (a) in-person or online classroom
learning in any degree-granting or certificate granting program, and (b)
learning related to any commercial, professional or other for-profit purposes.
25. “Personnel” means (a) Licensee’s individual employees and (b) individual
persons who are independent contractors working on Licensee’s premises and who
Install and Access the Licensed Materials only on and through Computers owned or
leased and controlled by Licensee. 26. “Previous Versions” means, as to any
then-current release of Licensed Materials, a prior release of the Licensed
Materials as to which such then-current release is a successor or substitute (as
determined by Autodesk). 27. “Qualified Educational Institution” means an
educational institution which has been accredited by an authorized governmental
agency within its applicable local, state, provincial, federal, or national
government and has the primary purpose of teaching its enrolled students.
Examples, without limitation, of entities that are included and excluded from
this definition are described at http://www.autodesk.com/educationterms. 28.
“Relationship Program” means (i) Subscription or (ii) a rental program offered
generally by Autodesk pursuant to which Autodesk makes available Licensed
Materials. 29. “Relationship Program Terms” means the terms for a Relationship
Program set forth at
http://usa.autodesk.com/company/legal-notices-trademarks/support-terms-and-conditions
or any successor or supplemental web page of Autodesk (the URL for which may be
obtained on Autodesk’s website or on request). 30. “Reseller” means a
distributor or reseller authorized directly or indirectly by Autodesk to
distribute authentic Autodesk Materials to Licensee. 31. ”Services” means
services (including the results of services) provided or made available by
Autodesk, including, without limitation, support services, storage, simulation
and testing services, training and other benefits, but excluding services
provided or made available as part of a Relationship Program. 32. “Services
Terms” means the terms for Services set forth at a location where a user may
order or register for, or that is displayed in connection with ordering or
registering for, such Services (e.g., a web page) or, if there are no such
terms, at
http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-service (if
the Services are web services) or
http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-use for all
other Services) or any successor or supplemental web pages of Autodesk. 33.
“Software” means the Autodesk FBX SDK computer program, or a module or component
of a computer program, including the software development kit (“SDK”)
distributed or made available by Autodesk. The term “Software” may also refer
to functions and features of a computer program. 34. “Stand-alone Basis” means
(i) the Licensed Materials are Installed on a single Computer and (ii) the
Licensed Materials cannot be Installed on, or operated, viewed or otherwise
Accessed from or through any other Computer (e.g., through a network connection
of any kind). 35. “Student” means an individual person enrolled as a student at
a Qualified Educational Institution. 36. “Subscription” is the program offered
generally by Autodesk under which Autodesk provides (among other things) updates
and upgrades to, new versions of, and certain other support, services and
training relating to Autodesk Materials. 37. “Supplemental Materials” means
materials, other than Software and related User Documentation, that are
distributed or made available by Autodesk for use with Software. Supplemental
Materials include, without limitation, (a) content, such as sample drawings and
designs, modules for drawings and designs, and representations of elements used
in drawings and designs (e.g., buildings, parts of buildings, fixtures,
furniture, bridges, roads, characters, backgrounds, settings and animations),
(b) background materials, such as building codes and descriptions of building
practices, (c) tools for rendering the output of the Software, such as fonts,
and (d) Development Materials, application programming interfaces (APIs), and
other similar developer materials (including API Information). 37 “Territory”
(a) means the country, countries or jurisdiction(s) specified in the License
Identification, or (b) if there is no such License Identification, or no country
or jurisdiction is specified in the License Identification, means the country in
which Licensee acquires a license to the Autodesk Materials. If the License
Identification specifies, or Licensee acquires the Autodesk Materials in, a
member country of the European Union or the European Free Trade Association,
Territory means all the countries of the European Union and the European Free
Trade Association. 38. “Uninstall” means to remove or disable a copy of Autodesk
Materials from a hard drive or other storage medium through any means or
otherwise to destroy or make unusable a copy of the Autodesk Materials. 39.
“Upgrade” means a full commercial version of Licensed Materials (a) which is a
successor to or substitute for a qualifying prior release (and may incorporate
error corrections, patches, service packs and updates and upgrades to, and may
enhance or add to the features or functionality of, the prior release) or
different release of Licensed Materials, (b) is provided to a Licensee who has
previously licensed the applicable qualifying prior or different release from
Autodesk and (c) for which Autodesk generally charges a separate fee or makes
available solely to customers under a Relationship Program. Whether Autodesk
Materials are an Upgrade may be specified in the applicable License
Identification. Whether Autodesk Materials are an Upgrade and whether Licensee
has met the qualifications to license particular Autodesk Materials as an
Upgrade are determined by Autodesk. 40. “User Documentation” means the
explanatory or instructional materials for Software or Supplemental Materials
(including materials regarding use of the Software or Supplemental Materials),
whether in printed or electronic form, that Autodesk or a Reseller incorporates
in the Software or Supplemental Materials (or the packaging for the Software or
Supplemental Materials) or otherwise provides to its customers when or after
such customers license, acquire or Install the Software or Supplemental
Materials. 41. “VPN Requirements” means (i) the Licensed Materials are Accessed
through a secure virtual private network (“VPN”); (ii) the maximum number of
concurrent users Accessing the Licensed Materials (on a Networked Basis or
through the VPN) does not exceed the Permitted Number at any time; (iii) all
copies of the Licensed Materials are Installed and Accessed exclusively in
conjunction with the technical protection device (if any) supplied with the
Licensed Materials; and (iv) the VPN connection is secure and complies with
current industry standard encryption and protection mechanisms.
Exhibit B License Types 1. Stand-alone (Individual) License. If the License
Identification identifies the License Type as a “Stand-alone License” or as an
“Individual License," Licensee may Install a single primary copy of the specific
release of the Licensed Materials designated in the applicable License
Identification on one (1) Computer, on a Stand-alone Basis, and permit Access to
such primary copy of the Licensed Materials solely by Licensee’s Personnel, and
solely for Licensee’s Internal Business Needs. Licensee may also Install a
single additional copy of such Licensed Materials on one (1) additional
Computer, on a Stand-alone Basis; provided that (i) such additional copy of the
Licensed Materials is Accessed solely by the same person as the primary copy;
(ii) such person is Licensee (if Licensee is an individual) or an employee of
Licensee; (iii) such person Accesses the additional copy solely to perform work
while away from that person’s usual work location and solely for Licensee’s
Internal Business Needs; and (iv) the primary and additional copies are not
Accessed at the same time. Stand-alone (Individual) License is for a perpetual
term, except as otherwise provided in this Agreement. 2. Multi-seat Stand-alone
License. If the License Identification identifies the License Type as a
“Multi-seat Stand-alone License," Licensee may Install primary copies of the
specific release of the Licensed Materials designated in the applicable License
Identification on up to the Permitted Number of Computers, on a Stand-alone
Basis, and permit Access to such copies of the Licensed Materials solely by
Licensee’s Personnel, and solely for Licensee’s Internal Business Needs.
Licensee may also Install additional copies of such Licensed Materials on
additional Computers in an amount up to the Permitted Number of Computers, on a
Stand-alone Basis; provided that (i) each additional copy of such Licensed
Materials is Accessed solely by the same person as the primary copy; (ii) such
person is Licensee (if Licensee is an individual) or an employee of Licensee;
(iii) such person Accesses the additional copy solely to perform work while away
from that person’s usual work location and solely for Licensee’s Internal
Business Needs; and (iv) the primary and additional copies are not Accessed at
the same time. Multi-seat Stand-alone License is for a perpetual term, except
as otherwise provided in this Agreement. 3. Network License. If the License
Identification identifies the License Type for the Licensed Materials as a
“Network License," Licensee may Install copies of the specific release of the
Licensed Materials designated in the applicable License Identification on a
Computer and permit Access to such Licensed Materials on multiple Computers, on
a Networked Basis, solely by Licensee’s Personnel, solely for Licensee’s
Internal Business Needs, only so long as the maximum number of concurrent
Authorized Users does not exceed the Permitted Number of Authorized Users or
other limits imposed by the Autodesk License Manager (if any). Licensee may, at
Licensee’s option, also Install the Licensed Materials on a Hot Backup Server;
provided that Licensee may Access the Licensed Materials on the Hot Backup
Server only during the time period when, and solely for as long as, the primary
Installed copy of the Licensed Materials is inoperable and only subject to the
same terms and conditions as are applicable to the primary Installed copy. A
“Hot Backup Server” means a file server Computer that has a second copy of the
Software and Supplemental Materials Installed but that is not permitted to be
Accessible except when the primary Installed copy of the Software and
Supplemental Materials are inoperable and only for so long as such primary
Installed copy is inoperable. A Network License is for a perpetual term, except
as otherwise provided in this Agreement. 4. Educational Stand-alone (Individual)
License.  If the License Identification identifies the License Type as an
“Educational Stand-alone (Individual) License,” an Educational Licensee may
Install a copy of the specific release of the Licensed Materials designated in
the applicable License Identification on one (1) Computer, subject to certain
functional limitations described in Section 6.3 (Affected Data), on a
Stand-alone Basis, and permit Access to such copy of the Licensed Materials
solely by an Educational Licensee solely for Educational Purposes.  An
Educational Stand-alone (Individual) License is for a fixed term specified in
the applicable License Identification or, if no such term is specified, the term
is thirty-six (36) months from Installation or as otherwise authorized in
writing by Autodesk. 5. Educational Multi-seat Stand-alone License. If the
License Identification identifies the License Type as an “Educational Multi-seat
Stand-alone License,” an Educational Licensee may Install copies of the specific
release of the Licensed Materials designated in the applicable License
Identification on up to the Permitted Number of Computers, subject to certain
functional limitations described in Section 6.3 (Affected Data), on a
Stand-alone Basis, and permit Access to such copies of the Licensed Materials
solely by Educational Licensees solely for Educational Purposes. An Educational
Multi-seat Stand-alone License is for a fixed term specified in the applicable
License Identification or, if no such term is specified, the term is thirty-six
(36) months from Installation or as otherwise authorized in writing by Autodesk.
6. Educational Network License. If the License Identification identifies the
License Type as an “Educational Network License,” an Educational Licensee may
Install copies of the specific release of the Licensed Materials designated in
the applicable License Identification on a single file server Computer, subject
to certain functional limitations described in Section 6.3 (Affected Data), and
Access such Licensed Materials on multiple Computers on a Networked Basis, and
permit Access to such copies of the Licensed Materials solely by Educational
Licensees solely for Educational Purposes, only so long as the maximum number of
concurrent Authorized Users does not exceed the Permitted Number of Authorized
Users. An Educational Network License is for a fixed term specified in the
applicable License Identification or, if no such term is specified, the term is
thirty-six (36) months from Installation or as otherwise authorized in writing
by Autodesk. 7. Personal Learning License. If the License Identification
identifies the License Type as a “Personal Learning License”, Licensee may
Install a copy of the specific release of the Licensed Materials designated in
the applicable License Identification on one (1) Computer, subject to certain
functional limitations described in Section 6.3 (Affected Data), on a
Stand-alone Basis, and permit Access to such copy of the Licensed Materials
solely by Licensee, as an individual, solely for Personal Learning Purposes and
only at and from locations that are not labs or classrooms and are not operated
for commercial, professional or for-profit purposes. A Personal Learning
License Stand-alone is for a fixed term specified in the applicable License
Identification. If no such term is specified, the term is thirteen (13) months
from Installation. 8. Evaluation/Demonstration/Trial. If Autodesk identifies
the License Type as a “demonstration”, “evaluation”, “trial,” “not for resale”
or “NFR” version (each, an “Evaluation License”) in the applicable License
Identification, Licensee may Install a copy of the specific release of the
Licensed Materials designated in the applicable License Identification on one
(1) Computer, subject to certain functional limitations described in Section 6.3
(Affected Data), on a Stand-alone Basis, and permit Access to such copy of the
Licensed Materials, solely by Licensee’s Personnel, solely for Evaluation
Purposes, only so long as the maximum number of concurrent Authorized Users does
not exceed one (1), and only from Licensee’s work location. An Evaluation
License is for a fixed term specified in the applicable License Identification,
or if no such term is specified, the term is thirty (30) days from Installation
or as otherwise authorized in writing by Autodesk. 9. Fixed Term/Limited
Duration/Rental License. If Autodesk identifies a license in the applicable
License Identification as being for a specified period or limited duration or as
having a fixed term or as a rental license, Licensee’s right to Install and
Access the Licensed Materials will continue only for the period, duration or
term specified in the License Identification. Such Installation and Access will
be in accordance with and subject to the applicable License Type and Permitted
Number. If Autodesk identifies a license in the applicable License
Identification as being for a specified period or limited duration, or as having
a fixed term, or a rental license but no period, duration or term is specified
in the License Identification, the period, duration or term will be ninety (90)
days from Installation (or the period specified in Sections B.6 (Educational
Network License), B.7 (Personal Learning License) or B.8
(Evaluation/Demonstration/Trial) of this Exhibit B with respect to the licenses
described in those sections). 10. Session Specific Network License. If the
License Identification identifies the License Type as a "Session Specific
Network License", Licensee may install one (1) copy of the specific release of
the Licensed Materials designated in the applicable License Identification on a
Computer and permit Access to such Licensed Materials from multiple Computers
through a Supported Virtualization Application, on a Networked Basis, solely by
Licensee's Personnel, solely for Licensee's Internal Business needs, only so
long as the maximum number of concurrent Sessions does not exceed the Permitted
Number or other limits imposed by the Autodesk License Manager tool (if any).
For purposes of this Session Specific Network License, (a) a “Session” is
defined as a single interactive information exchange between two Computers that
are connected through a Supported Virtualization Application, and (b) “Supported
rtualization Application(s)” are those third party virtualization applications
or methods that are specifically identified as supported by Autodesk in the User
Documentation for the Licensed Materials. With respect to the applicable
Supported Virtualization Application, Licensee agrees to activate any available
session tracking mechanism, not disable any such session tracking mechanism and
to retain all records generated by such session tracking mechanism. A Session
Specific Network License is for a perpetual term, except as otherwise provided
in this Agreement.
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