HARFANG3D
/
harfang3d
mirror of https://github.com/harfang3d/harfang3d.git
1
0
Fork 0
Code Issues Projects Releases Wiki Activity
harfang3d/LICENSE

3435 lines
200 KiB
Plaintext
Raw Blame History

This file contains invisible Unicode characters

This file contains invisible Unicode characters that are indistinguishable to humans but may be processed differently by a computer. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.

This file contains Unicode characters that might be confused with other characters. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.

Summary:
1. GPL License
2. LGPL License
3. HARFANG Commercial License
4. Third-party Licenses
1. GPL License
GNU GENERAL PUBLIC LICENSE
The HARFANG 3D framework Copyright (C) 2016 Emmanuel Julien, NWNC HARFANG.
For the Commercial License, see https://www.harfang3d.com/license
You may use, distribute and copy the HARFANG 3D framework under the terms of
GNU General Public License version 3.
-------------------------------------------------------------------------
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> Everyone is
permitted to copy and distribute verbatim copies of this license document, but
changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for
software and other kinds of works.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast, the GNU
General Public License is intended to guarantee your freedom to share and change
all versions of a program--to make sure it remains free software for all its
users. We, the Free Software Foundation, use the GNU General Public License for
most of our software; it applies also to any other work released this way by its
authors. You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you have the
freedom to distribute copies of free software (and charge for them if you wish),
that you receive source code or can get it if you want it, that you can change
the software or use pieces of it in new free programs, and that you know you can
do these things.
To protect your rights, we need to prevent others from denying you
these rights or asking you to surrender the rights. Therefore, you have certain
responsibilities if you distribute copies of the software, or if you modify it:
responsibilities to respect the freedom of others.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must pass on to the recipients the same freedoms that
you received. You must make sure that they, too, receive or can get the source
code. And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps:
(1) assert copyright on the software, and (2) offer you this License giving you
legal permission to copy, distribute and/or modify it.
For the developers' and authors' protection, the GPL clearly explains
that there is no warranty for this free software. For both users' and authors'
sake, the GPL requires that modified versions be marked as changed, so that
their problems will not be attributed erroneously to authors of previous
versions.
Some devices are designed to deny users access to install or run
modified versions of the software inside them, although the manufacturer can do
so. This is fundamentally incompatible with the aim of protecting users'
freedom to change the software. The systematic pattern of such abuse occurs in
the area of products for individuals to use, which is precisely where it is most
unacceptable. Therefore, we have designed this version of the GPL to prohibit
the practice for those products. If such problems arise substantially in other
domains, we stand ready to extend this provision to those domains in future
versions of the GPL, as needed to protect the freedom of users.
Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of software on
general-purpose computers, but in those that do, we wish to avoid the special
danger that patents applied to a free program could make it effectively
proprietary. To prevent this, the GPL assures that patents cannot be used to
render the program non-free.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and "recipients" may
be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an exact
copy. The resulting work is called a "modified version" of the earlier work or
a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for infringement under
applicable copyright law, except executing it on a computer or modifying a
private copy. Propagation includes copying, distribution (with or without
modification), making available to the public, and in some countries other
activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through a
computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible feature that
(1) displays an appropriate copyright notice, and (2) tells the user that there
is no warranty for the work (except to the extent that warranties are provided),
that licensees may convey the work under this License, and how to view a copy of
this License. If the interface presents a list of user commands or options,
such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source form of a
work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of interfaces
specified for a particular programming language, one that is widely used among
developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of packaging a
Major Component, but which is not part of that Major Component, and (b) serves
only to enable use of the work with that Major Component, or to implement a
Standard Interface for which an implementation is available to the public in
source code form. A "Major Component", in this context, means a major essential
component (kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to produce the
work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable work) run
the object code and to modify the work, including scripts to control those
activities. However, it does not include the work's System Libraries, or
general-purpose tools or generally available free programs which are used
unmodified in performing those activities but which are not part of the work.
For example, Corresponding Source includes interface definition files associated
with source files for the work, and the source code for shared libraries and
dynamically linked subprograms that the work is specifically designed to
require, such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated conditions are
met. This License explicitly affirms your unlimited permission to run the
unmodified Program. The output from running a covered work is covered by this
License only if the output, given its content, constitutes a covered work. This
License acknowledges your rights of fair use or other equivalent, as provided by
copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains in force.
You may convey covered works to others for the sole purpose of having them make
modifications exclusively for you, or provide you with facilities for running
those works, provided that you comply with the terms of this License in
conveying all material for which you do not control copyright. Those thus
making or running the covered works for you must do so exclusively on your
behalf, under your direction and control, on terms that prohibit them from
making any copies of your copyrighted material outside their relationship with
you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10 makes it
unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article 11 of the
WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting
or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention is
effected by exercising rights under this License with respect to the covered
work, and you disclaim any intention to limit operation or modification of the
work as a means of enforcing, against the work's users, your or third parties'
legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice; keep intact all notices
stating that this License and any non-permissive terms added in accord with
section 7 apply to the code; keep intact all notices of the absence of any
warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the terms of
section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and
giving a relevant date.
b) The work must carry prominent notices stating that it is released under
this License and any conditions added under section 7. This requirement
modifies the requirement in section 4 to "keep intact all notices".
c) You must license the entire work, as a whole, under this License to
anyone who comes into possession of a copy. This License will therefore
apply, along with any applicable section 7 additional terms, to the whole of
the work, and all its parts, regardless of how they are packaged. This
License gives no permission to license the work in any other way, but it
does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your work need not
make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work, and which
are not combined with it such as to form a larger program, in or on a volume of
a storage or distribution medium, is called an "aggregate" if the compilation
and its resulting copyright are not used to limit the access or legal rights of
the compilation's users beyond what the individual works permit. Inclusion of a
covered work in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the machine-readable
Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by the Corresponding Source
fixed on a durable physical medium customarily used for software
interchange.
b) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by a written offer, valid for
at least three years and valid for as long as you offer spare parts or
customer support for that product model, to give anyone who possesses the
object code either (1) a copy of the Corresponding Source for all the
software in the product that is covered by this License, on a durable
physical medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this conveying of
source, or (2) access to copy the Corresponding Source from a network server
at no charge.
c) Convey individual copies of the object code with a copy of the written
offer to provide the Corresponding Source. This alternative is allowed only
occasionally and noncommercially, and only if you received the object code
with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis
or for a charge), and offer equivalent access to the Corresponding Source in
the same way through the same place at no further charge. You need not
require recipients to copy the Corresponding Source along with the object
code. If the place to copy the object code is a network server, the
Corresponding Source may be on a different server (operated by you or a
third party) that supports equivalent copying facilities, provided you
maintain clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the Corresponding
Source, you remain obligated to ensure that it is available for as long as
needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you
inform other peers where the object code and Corresponding Source of the
work are being offered to the general public at no charge under subsection
6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be included in
conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family, or
household purposes, or (2) anything designed or sold for incorporation into a
dwelling. In determining whether a product is a consumer product, doubtful
cases shall be resolved in favor of coverage. For a particular product received
by a particular user, "normally used" refers to a typical or common use of that
class of product, regardless of the status of the particular user or of the way
in which the particular user actually uses, or expects or is expected to use,
the product. A product is a consumer product regardless of whether the product
has substantial commercial, industrial or non-consumer uses, unless such uses
represent the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install and
execute modified versions of a covered work in that User Product from a modified
version of its Corresponding Source. The information must suffice to ensure
that the continued functioning of the modified object code is in no case
prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as part of a
transaction in which the right of possession and use of the User Product is
transferred to the recipient in perpetuity or for a fixed term (regardless of
how the transaction is characterized), the Corresponding Source conveyed under
this section must be accompanied by the Installation Information. But this
requirement does not apply if neither you nor any third party retains the
ability to install modified object code on the User Product (for example, the
work has been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates for a
work that has been modified or installed by the recipient, or for the User
Product in which it has been modified or installed. Access to a network may be
denied when the modification itself materially and adversely affects the
operation of the network or violates the rules and protocols for communication
across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly documented (and
with an implementation available to the public in source code form), and must
require no special password or key for unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions. Additional
permissions that are applicable to the entire Program shall be treated as though
they were included in this License, to the extent that they are valid under
applicable law. If additional permissions apply only to part of the Program,
that part may be used separately under those permissions, but the entire Program
remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of it.
(Additional permissions may be written to require their own removal in certain
cases when you modify the work.) You may place additional permissions on
material, added by you to a covered work, for which you have or can give
appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of that
material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of
sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author
attributions in that material or in the Appropriate Legal Notices displayed
by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in reasonable
ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors
of the material; or
e) Declining to grant rights under trademark law for use of some trade
names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by
anyone who conveys the material (or modified versions of it) with
contractual assumptions of liability to the recipient, for any liability
that these contractual assumptions directly impose on those licensors and
authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you received
it, or any part of it, contains a notice stating that it is governed by this
License along with a term that is a further restriction, you may remove that
term. If a license document contains a further restriction but permits
relicensing or conveying under this License, you may add to a covered work
material governed by the terms of that license document, provided that the
further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the additional terms
that apply to those files, or a notice indicating where to find the applicable
terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions; the above
requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or modify it is
void, and will automatically terminate your rights under this License (including
any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally terminates your
license, and (b) permanently, if the copyright holder fails to notify you of the
violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the violation by
some reasonable means, this is the first time you have received notice of
violation of this License (for any work) from that copyright holder, and you
cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under this
License. If your rights have been terminated and not permanently reinstated,
you do not qualify to receive new licenses for the same material under section
10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work occurring
solely as a consequence of using peer-to-peer transmission to receive a copy
likewise does not require acceptance. However, nothing other than this License
grants you permission to propagate or modify any covered work. These actions
infringe copyright if you do not accept this License. Therefore, by modifying
or propagating a covered work, you indicate your acceptance of this License to
do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and propagate
that work, subject to this License. You are not responsible for enforcing
compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered work
results from an entity transaction, each party to that transaction who receives
a copy of the work also receives whatever licenses to the work the party's
predecessor in interest had or could give under the previous paragraph, plus a
right to possession of the Corresponding Source of the work from the predecessor
in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may not impose
a license fee, royalty, or other charge for exercise of rights granted under
this License, and you may not initiate litigation (including a cross-claim or
counterclaim in a lawsuit) alleging that any patent claim is infringed by
making, using, selling, offering for sale, or importing the Program or any
portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The work thus
licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or hereafter
acquired, that would be infringed by some manner, permitted by this License, of
making, using, or selling its contributor version, but do not include claims
that would be infringed only as a consequence of further modification of the
contributor version. For purposes of this definition, "control" includes the
right to grant patent sublicenses in a manner consistent with the requirements
of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to make, use,
sell, offer for sale, import and otherwise run, modify and propagate the
contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent (such as
an express permission to practice a patent or covenant not to sue for patent
infringement). To "grant" such a patent license to a party means to make such
an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone to copy,
free of charge and under the terms of this License, through a publicly available
network server or other readily accessible means, then you must either (1) cause
the Corresponding Source to be so available, or (2) arrange to deprive yourself
of the benefit of the patent license for this particular work, or (3) arrange,
in a manner consistent with the requirements of this License, to extend the
patent license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the covered
work in a country, or your recipient's use of the covered work in a country,
would infringe one or more identifiable patents in that country that you have
reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a covered
work, and grant a patent license to some of the parties receiving the covered
work authorizing them to use, propagate, modify or convey a specific copy of the
covered work, then the patent license you grant is automatically extended to all
recipients of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is conditioned on the
non-exercise of one or more of the rights that are specifically granted under
this License. You may not convey a covered work if you are a party to an
arrangement with a third party that is in the business of distributing software,
under which you make payment to the third party based on the extent of your
activity of conveying the work, and under which the third party grants, to any
of the parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work conveyed by you
(or copies made from those copies), or (b) primarily for and in connection with
specific products or compilations that contain the covered work, unless you
entered into that arrangement, or that patent license was granted, prior to 28
March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may otherwise be
available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not excuse
you from the conditions of this License. If you cannot convey a covered work so
as to satisfy simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may not convey it at all. For
example, if you agree to terms that obligate you to collect a royalty for
further conveying from those to whom you convey the Program, the only way you
could satisfy both those terms and this License would be to refrain entirely
from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed under
version 3 of the GNU Affero General Public License into a single combined work,
and to convey the resulting work. The terms of this License will continue to
apply to the part which is the covered work, but the special requirements of the
GNU Affero General Public License, section 13, concerning interaction through a
network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU General Public License from time to time. Such new versions will be
similar in spirit to the present version, but may differ in detail to address
new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU General Public
License "or any later version" applies to it, you have the option of following
the terms and conditions either of that numbered version or of any later version
published by the Free Software Foundation. If the Program does not specify a
version number of the GNU General Public License, you may choose any version
ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU General Public License can be used, that proxy's public
statement of acceptance of a version permanently authorizes you to choose that
version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any author or
copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms, reviewing
courts shall apply local law that most closely approximates an absolute waiver
of all civil liability in connection with the Program, unless a warranty or
assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it free
software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively state the
exclusion of warranty; and each file should have at least the "copyright" line
and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the Free
Software Foundation, either version 3 of the License, or (at your option)
any later version.
This program is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for
more details.
You should have received a copy of the GNU General Public License along with
this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short
notice like this when it starts in an interactive mode:
<program> Copyright (C) <year> <name of author> This program comes with
ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software,
and you are welcome to redistribute it under certain conditions; type `show
c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, your program's commands might
be different; for a GUI interface, you would use an "about box".
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary. For more
information on this, and how to apply and follow the GNU GPL, see
<http://www.gnu.org/licenses/>.
The GNU General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General Public
License instead of this License. But first, please read
<http://www.gnu.org/philosophy/why-not-lgpl.html>.
2. LGPL License
GNU GENERAL PUBLIC LICENSE
The HARFANG 3D framework Copyright (C) 2016 Emmanuel Julien, NWNC HARFANG.
For the Commercial License, see https://www.harfang3d.com/license
You may use, distribute and copy the HARFANG 3D framework under the terms of
GNU Lesser General Public License version 3.
-------------------------------------------------------------------------
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> Everyone is
permitted to copy and distribute verbatim copies of this license document, but
changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public License,
supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU General
Public License.
"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
An "Application" is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library. Defining a
subclass of a class defined by the Library is deemed a mode of using an
interface provided by the Library.
A "Combined Work" is a work produced by combining or linking an
Application with the Library. The particular version of the Library with which
the Combined Work was made is also called the "Linked Version".
The "Minimal Corresponding Source" for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code for
portions of the Combined Work that, considered in isolation, are based on the
Application, and not on the Linked Version.
The "Corresponding Application Code" for a Combined Work means the
object code and/or source code for the Application, including any data and
utility programs needed for reproducing the Combined Work from the Application,
but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application that uses
the facility (other than as an argument passed when the facility is invoked),
then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure
that, in the event an Application does not supply the function or data, the
facility still operates, and performs whatever part of its purpose remains
meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License
applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object code
under terms of your choice, provided that, if the incorporated material is not
limited to numerical parameters, data structure layouts and accessors, or small
macros, inline functions and templates (ten or fewer lines in length), you do
both of the following:
a) Give prominent notice with each copy of the object code that the Library
is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license
document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that,
taken together, effectively do not restrict modification of the portions of the
Library contained in the Combined Work and reverse engineering for debugging
such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library
is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.
c) For a Combined Work that displays copyright notices during execution,
include the copyright notice for the Library among these notices, as well as
a reference directing the user to the copies of the GNU GPL and this license
document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form suitable for,
and under terms that permit, the user to recombine or relink the
Application with a modified version of the Linked Version to produce a
modified Combined Work, in the manner specified by section 6 of the GNU
GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library.
A suitable mechanism is one that (a) uses at run time a copy of the
Library already present on the user's computer system, and (b) will
operate properly with a modified version of the Library that is
interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be
required to provide such information under section 6 of the GNU GPL, and only
to the extent that such information is necessary to install and execute a
modified version of the Combined Work produced by recombining or relinking
the Application with a modified version of the Linked Version. (If you use
option 4d0, the Installation Information must accompany the Minimal
Corresponding Source and Corresponding Application Code. If you use option
4d1, you must provide the Installation Information in the manner specified by
section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the
Library side by side in a single library together with other library facilities
that are not Applications and are not covered by this License, and convey such a
combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the
Library, uncombined with any other library facilities, conveyed under the
terms of this License.
b) Give prominent notice with the combined library that part of it is a work
based on the Library, and explaining where to find the accompanying
uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Library as you received it specifies that a certain numbered version of the GNU
Lesser General Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that published version or
of any later version published by the Free Software Foundation. If the Library
as you received it does not specify a version number of the GNU Lesser General
Public License, you may choose any version of the GNU Lesser General Public
License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall apply,
that proxy's public statement of acceptance of any version is permanent
authorization for you to choose that version for the Library.
3. HARFANG Commercial License
HARFANG® Commercial Licence GENERAL CONDITIONS OF USE AND LICENCE FOR HARFANG®
SOFTWARE
"COMMERCIAL Licence"
The company NWNC HARFANG (hereinafter referred to as “NWNC”) is a simplified
joint stock company with a capital of 4 300 000 Euros, registered at the Orleans
Trade and Companies Register under the number 890 866 486, whose Head Office is
located at 5 Rue de la Lionne, 45000 ORLEANS, FRANCE. The company’s e-mail
address is contact@harfang3d.com and the telephone number is +33 238 772266.
NWNC is dedicated to the creation of human-machine-interfaces for industry,
research, private and defense sectors.
In this context, the company has developed a real-time 3D engine (hereinafter
referred to as “the SOFTWARE”), which is the subject of this Commercial Licence.
NWNC shall make the SOFTWARE available to users (hereinafter referred to as “the
USER” or “the USERS”) via this Commercial Licence.
The SOFTWARE is made available through the project hosting platform GITHUB
within the framework of a private repository entitled “Harfang 3D”.
A link to GITHUB can be found on the HARFANG website (hereinafter referred to as
“the WEBSITE”).
The WEBSITE is owned and published by NWNC. Mr. Francois GUTHERZ is the
WEBSITE’s Publication Director.
OVH Limited is the WEBSITE host, located at 3 Southwark Street, London, SE1 1RQ,
United Kingdom.
The purpose of these General Conditions is to clarify the conditions under which
NWNC makes the SOFTWARE available to USERS under the terms of this Commercial
Licence.
Article 1 – Definitions
REQUEST: process by which the USER applies for this SOFTWARE Commercial Licence.
CERTIFICATE OF COMPLIANCE: document released to the USER by NWNC, to inform the
FINAL USER that the USER benefits properly from the terms of this Commercial
Licence, entering into force on the same day as the COMMERCIALISATION
DECLARATION.
CONTRIBUTION: any original creation (or modification, addition, etc. of the
SOFTWARE source code) for which the USER expects to own the copyright under
applicable law.
COMMERCIALISATION DECLARATION: declaration made by the USER to NWNC on the
WEBSITE to inform it of the imminent COMMERCIAL USE of a FINAL PRODUCT.
SOFTWARE: the SOFTWARE which is the subject of this Commercial Licence, in any
version and/or language.
FINAL PRODUCT: any software (software or hardware), equipment or product whose
creation, design or production has been facilitated by or contains the SOFTWARE,
including partially, either modified or unmodified, in the form of object code
only, in the FINAL PRODUCT.
WEBSITE: the WEBSITE accessible from www.harfang3d.com published by NWNC.
DOWNLOADING: the process by which the SOFTWARE is installed.
USER: any professional under the terms of French Consumer Code, who may have
downloaded the SOFTWARE in source code through this Commercial Licence.
FINAL USER: private individual or legal entity who may have acquired a FINAL
PRODUCT from the USER.
COMMERCIAL USE: refers to any use of the SOFTWARE within the framework of the
USER’s professional activity, allowing him, her, their company or employer to
directly or indirectly benefit from the creation, distribution and
commercialisation of a FINAL PRODUCT. This COMMERCIAL USE requires a licence fee
in favour of NWNC, in compliance with the tariff which entered into force on the
same day as the COMMERCIALISATION DECLARATION.
NON-COMMERCIAL USE: refers to the USER’s use of the SOFTWARE at the project
stage of a FINAL PRODUCT for commercial purposes.
Article 2 - General Principles
The original version of these General Conditions is in French. The French text
forms the sole legal basis and will prevail over any other version of the
document.
DOWNLOADING and using the SOFTWARE are subject to prior acceptance of these
General Conditions.
These General Conditions are systematically available and may be downloaded and
printed by the USER prior to any Download.
Any DOWNLOAD and subsequent usage implies full and unequivocal acceptance of
these General Conditions.
The General Conditions in force are those published on the WEBSITE and/or the
Harfang 3D private repository on the GITHUB platform, on the day of DOWNLOAD, or
the date on which the COMMERCIALISATION DECLARATION is received, or during any
other later use of the SOFTWARE.
The USER will be informed of any modification in the current conditions
(especially when a new version is released). NWNC will send an invitation to
accept the new General Conditions on the WEBSITE.
A printed copy of the General Conditions in addition to any information sent by
electronic means will be admissible in any legal proceedings concerning the
application of these General Conditions in the same way and under the same
conditions as any other document written and retained in paper format.
The failure to exercise, at any time, a prerogative recognised by these General
Conditions, or to enforce a stipulation in the convention of these General
Conditions, cannot in any way be interpreted as either a modification of the
Conditions or as an express or implied waiver of the right to exercise this
prerogative in the future, or indeed the right to require the diligent
performance of commitments outlined herein.
In the event that any of the General Conditions should be regarded as illegal or
non-binding by a judicial decision, the other provisions shall remain in force.
These General Conditions are applicable while the USER is accessing and browsing
the WEBSITE and throughout their use of the private repository on the GITHUB
platform and the SOFTWARE.
NWNC reserves the right to adapt and modify these General Conditions, its
WEBSITE functionalities, the SOFTWARE and SOFTWARE operating rules at any time.
Consequently, NWNC invites the USER to consult the General Conditions before
each new DOWNLOAD or use of the SOFTWARE.
Article 3 – Legal Age and Capacity
The USER declares that he/she has the legal capacity to enter into this
contract, the conditions of which are detailed below. This means that the USER
is of legal age and is not under trusteeship or guardianship.
Article 4 – Purpose of these General Conditions
These General Conditions of Use and Licence to Use the SOFTWARE aim at defining
the legal and financial conditions of the Commercial Licence awarded to the
SOFTWARE USER.
In addition, they govern the USER’s browsing and their USE of the WEBSITE.
Article 5 – SOFTWARE Installation
5.1. Pre-requisites for SOFTWARE installation
In order to ensure optimal performance of the SOFTWARE, basic SOFTWARE
components are required on the installation computer. These are available at:
www.harfang3d.com/requirements.
The USER is solely responsible for the configuration and good working order of
his/her equipment, network access and software settings required for using the
SOFTWARE.
5.2. DOWNLOAD Methods
After having accepted these General Terms and Conditions of Use by ticking the
relevant box, the USER will be able to download the SOFTWARE in source code
format using a fork carried out from the GITHUB platform via the “Harfang 3D”
private repository.
Beforehand, NWNC will request that the USER:
if the latter already has a GITHUB account: enters their GITHUB username on the
WEBSITE and accepts this agreement via a checkbox. The WEBSITE will communicate
with GITHUB in order to register the USER as a member of the “Harfang 3D”
private repository;
if the latter does not have a GITHUB account: creates a GITHUB account and goes
to the WEBSITE to consult the General Conditions of use and accept them via a
checkbox. GITHUB will then be informed of the USER’s associate status to the
“Harfang 3D” private repository.
In all cases, GITHUB and NWNC will send an e-mail to the USER’s chosen address,
informing the USER that he/she has been added to HARFANG’s private repository.
It will also contain the link that will allow the USER to access the repository.
The USER may then consult and download the SOFTWARE source code from NWNC’s
private repository on GITHUB. Any DOWNLOAD shall be understood as an order.
NWNC offers USERS a free DOWNLOAD of the SOFTWARE. The USER will only be charged
for the SOFTWARE when it is intended for COMMERCIAL USE, in which case he/she
will be charged a licence fee (see Article 8 below).
Article 6 – NWNC Intellectual Property Rights
The USER has no intellectual or industrial property rights over the SOFTWARE,
WEBSITE, trademarks, copyrights, patent, domain names, knowledge or any other
intellectual property rights of NWNC.
Any use in any way by the USER of any trademark or brand name belonging to NWNC,
is strictly forbidden without the specific authorisation of NWNC and is subject
to penalties, within the limits detailed in Article 7 below.
The SOFTWARE, content and structure of the WEBSITE are all reserved under
copyright.
The USER undertakes to respect legal and intellectual property notices stated in
the SOFTWARE.
Failure to comply with this article will, by right, lead to the termination of
the Commercial Licence and these General Conditions by NWNC.
Article 7 – SOFTWARE LICENCE
This Commercial Licence does not grant the USER with any intellectual property
rights on the SOFTWARE, which remains the entire and exclusive property of NWNC.
The USER will not be granted with any other right in excess of those granted
hereunder.
7.1 General Information
NWNC will grant USERS with a personal, non-exclusive, single-user, revocable,
non-transferrable and non-sub-licensable licence to:
use in accordance with its related SOFTWARE;
install, store, use or reproduce the SOFTWARE in a permanent or temporary manner, run the SOFTWARE and its associated libraries in order to create a FINAL PRODUCT and/or incorporate it into Object Code in the FINAL PRODUCT;
translate, adapt, repair, correct or modify the SOFTWARE and reproduce any resulting software. USERS may export it or merge it with other software in order to create a FINAL PRODUCT and/or incorporate the SOFTWARE in Object Code format into the FINAL PRODUCT;
make a back-up copy of the SOFTWARE.
It is stipulated that the FINAL USER may only acquire the SOFTWARE in Object
Code format through the USER. This must be inseparable from the FINAL PRODUCT.
USERS are not authorised to:
use the SOFTWARE for any purposes other than those described herein;
produce a FINAL PRODUCT which would compete with the SOFTWARE;
sell, hire, sub-contract, sub-licence, lend, share or transfer this Commercial Licence;
sell, hire or sub-licence the SOFTWARE in its present state;
remove or violate patents, copyright, trademarks or all other intellectual and industrial property rights in the SOFTWARE;
incorporate a code involving a change in SOFTWARE licence into the FINAL PRODUCT.
In any event, the SOFTWARE may not be used for purposes and/or uses which are illicit and/or contrary to morality.
7.2 LICENCE on USER CONTRIBUTIONS to HARFANG
NWNC will provide the USER with the SOFTWARE source code so that the latter may
produce a FINAL PRODUCT.
In this respect, the USER shall retain all of his/her rights on CONTRIBUTIONS
made to the SOFTWARE, but grants an irrevocable, non-exclusive, transferable,
free licence to NWNC, for public use. This Licence is valid for the duration of
the rights over CONTRIBUTIONS. NWNC may reproduce, distribute and represent
these CONTRIBUTIONS and use, sell and incorporate them into its SOFTWARE or
other software. It may also sell and sub-licence them, once these CONTRIBUTIONS
are made public via the private repository on GITHUB.
The USER guarantees that he/she holds all the necessary rights and
authorisations over the CONTRIBUTIONS and for signing this Commercial Licence
agreement.
NWNC retains full discretion for the use or integration of the various
CONTRIBUTIONS which will be made public by USERS to improve the initial version
of the SOFTWARE.
7.3 NWNC’s Credit Notice
The USER agrees to quote the name of the SOFTWARE and its author NWNC in legal
notices, credits, intellectual property clauses and documents and/or in the
FINAL PRODUCT intended for the FINAL USER, in order to respect the moral rights
of NWNC with regard to the SOFTWARE.
7.4 Territory
The LICENCE granted to the USER may be used anywhere in the world.
7.5 Validity and termination of the LICENCE
This Commercial Licence takes effect on the date when the SOFTWARE is first
downloaded, branched or cloned and will remain in effect for the entire duration
of SOFTWARE use by the USER.
NWNC may terminate the Commercial Licence at any time if the USER does not
respect the terms detailed in this document.
The USER may terminate the Commercial Licence by ceasing to use the SOFTWARE or
by contacting NWNC at the following address: contact@harfang3d.com.
In this case, if need be, the USER shall be entitled to a refund of all or part
of the amount already paid for COMMERCIAL USE of the SOFTWARE.
Upon termination, the USER undertakes to discontinue use of the SOFTWARE and to
destroy any copies and CONTRIBUTIONS which he/she may benefit from on their
computer or device.
Article 8 - COMMERCIAL USE of the SOFTWARE
8.1 COMMERCIALISATION DECLARATION
USERS who wish to use the SOFTWARE for COMMERCIAL PURPOSES should, prior to
placing a FINAL PRODUCT on the market, complete a COMMERCIALISATION DECLARATION
for NWNC by sending an email to contact@harfang3d.com.
Companies must pay the appropriate rates for the COMMERCIALISATION DECLARATION,
which can be consulted by sending an email to contact@harfang3d.com.
The USER will be charged for any COMMERCIAL USE of the SOFTWARE in compliance
with NWNC’s rates which entered into force on the same day as the
COMMERCIALISATION DECLARATION.
Any COMMERCIAL USE of the SOFTWARE must be paid for.
8.2 CERTIFICATE OF COMPLIANCE
Following the COMMERCIALISATION DECLARATION, NWNC will issue a CERTIFICATE OF
COMPLIANCE for the USER.
The CERTIFICATE OF COMPLIANCE informs the FINAL USER of the lawfulness of the
licence granted to the USER.
Moreover, this CERTIFICATE OF COMPLIANCE will allow the FINAL USER to use the
FINAL PRODUCT lawfully with regard to NWNC.
The USER may affix a certification number to the FINAL PRODUCT.
The certification number will be freely available to the FINAL USER by sending
an email to contact@harfang3d.com.
The USER consequently agrees to cite the CERTIFICATE OF COMPLIANCE and specify
how the FINAL USER may access it on the FINAL PRODUCT or in the General
Conditions of Use and/or Sale.
8.3 Communication - Publicity
In addition, the USER specifically authorises NWNC to include the USER’s
trademarks, commercial names, logos and any other distinctive symbols that the
latter may own, as well as photographs and videos associated with the FINAL
PRODUCT, for publicity and communication purposes relating to the SOFTWARE, on
its internet website or any other communications medium that NWNC might choose.
However, if the USER does not wish to grant authorisation to NWNC for use of the
trademarks and visual artwork associated with their FINAL PRODUCT, he/she may
specify this to NWNC by ticking the appropriate box in the COMMERCIALISATION
DECLARATION.
Article 9 – Price
The Commercial Licence’s financial conditions for the SOFTWARE are as follows:
9.1 NON-COMMERCIAL USE
The Licence is free for all NON-COMMERCIAL USE of the SOFTWARE.
9.2 COMMERCIAL USE
Any COMMERCIAL USE of the SOFTWARE will be invoiced to the USER at the rates in
force on the date of the COMMERCIALISATION DECLARATION.
The prices set by NWNC remain firm and non-revisable while they are valid, as is
specified on the WEBSITE or NWNC quotation.
Prices both excluding and including taxes are listed in Euros. In this case,
they take into account the VAT rate applicable on the date of the
COMMERCIALISATION DECLARATION. Any change in applicable rates may be reflected
in the price.
USERS undertake to provide a Statement of Turnover, certified as accurate by a
chartered accountant, as part of the turnover declaration for the FINAL PRODUCT
that they may be required to complete on an annual basis for the payment of
licence fees and the Commercial Licence.
It shall be stated that in the absence of a COMMERCIALISATION DECLARATION that
complies with the provisions of Article 8.1 above, the current price and the
start date for the payment of licence fees shall be the date on which the FINAL
PRODUCT is put on the market.
Article 10 – Payment
10.1. Methods of Payment
Invoices must be paid in Euros to NWNC’s Headquarters by the date specified on
the invoice.
The cost is payable by cheque, credit/debit card and/or by bank transfer.
The transaction is deemed to have taken place on the date on which the amount
payable to NWNC is received.
NWNC shall make every effort to ensure that the banking data conveyed remains
confidential and secure.
10.2. Transaction Security
In order to improve the security of transactions made online, the WEBSITE uses
PAYPAL, an online payment system which uses all the resources possible to ensure
that the data conveyed remains secure and confidential within an online payment
solution.
To benefit from the SSL secured online payment method, the USER must use
browsers that are compatible with these systems.
10.3. Late Payment
Any sum that remains unpaid by the due date will lead, by right and without
further formalities in accordance with Article L.441-6 of the French Commercial
Code, to (i) the application of late payment interest. This will be applied from
the payment due date until it has been paid in full. The rate will be equal to
the ECB interest rate on the refinancing operations, plus 10 percentage points.
In such cases, the rate which is in effect from the 1st January of the year in
question is applicable during the first semester. The rate in effect from the
1st July of the corresponding year is applicable in the second semester; (ii)
the payment of a fixed indemnity for the debt recovery fees as fixed by current
regulations. This equates to a fixed fee of 40 Euros if the debt recovery costs
are less than this amount. Above this amount, the debt recovery fee will equal
the cost incurred to obtain the payment of the debt due.
Moreover, in the event of a delay in payment or a total or partial absence of
settlement, there is a possibility that NWNC may immediately suspend any
existing contract. It may also render payable any unmatured debts owed by the
USER to NWNC, for any reason whatsoever.
Article 11 – Audit- Penalties
NWNC may request that the USER carries out an audit on SOFTWARE use. NWNC will
give the USER 30 days warning before the audit is requested.
In the event that the USER refrains from completing the COMMERCIALISATION
DECLARATION, as stipulated under Article 8.1, NWNC will have the right to claim
the payment of a penalty of 10,000 (ten thousand) Euros, in addition to the
amount due for COMMERCIAL USE of the SOFTWARE, in accordance with the pricing
conditions in effect on the first day on which the FINAL PRODUCT is placed on
the market.
In the event that SOFTWARE use does not correspond to the licence fees paid or
the Statement of Turnover produced, NWNC may request that the USER pays a fine
of 20% of the charge corresponding to the actual use of the SOFTWARE in addition
to the supplementary payment of the cost corresponding to the actual use of the
SOFTWARE.
If this fine, and/or the amount or additional cost related to SOFTWARE use
remains unpaid, NWNC is legally entitled to withdraw the Licence granted to the
USER 8 days after formal demand remaining unsuccessful, without prejudice to any
other damages that they may claim.
Article 12 – Personal Data Protection
The USER will be required to provide NWNC with personal information when
creating a user account, completing a COMMERCIALISATION DECLARATION or when
communicating with NWNC.
Mandatory data fields are marked with an asterisk, while others remain optional.
NWNC will not pass USER data onto third parties.
No transfer of personal data will take place between GITHUB and NWNC.
Nevertheless, the USER is informed that the details it gives to GITHUB in order
to subscribe to the platform (including but not limited to name, e-mail address
and payment details), will be transferred to the GITHUB Company, the
headquarters of which are located in the United States and which are subject to
provisions in force to protect the data of European Union Citizens which have
been transferred to the United States.
NWNC reserves the right to pass all or some of the USER’s data onto its
sub-contractors to meet service requirements. All information provided to NWNC
or its sub-contractors during the service remains strictly confidential.
The aim of collecting personal data is to enable NWNC to ensure that downloading
SOFTWARE via the private repository GITHUB, Licence management, particularly
with respect to COMMERCIAL USE, and commercial solicitation directed towards the
USER, are conducted in compliance with the aforementioned provisions of the
French Law on Computer Technology and Freedom.
In accordance with Law No. 78-17 of 6 January 1978, pertaining to Information
Technology, Files and Civil Liberties, modified by Law No.2004-801 of 6 August
2004, the treatment of nominative information collected on the WEBSITE has been
indicated in a declaration before the French Data Protection Authority (CNIL),
under the number 1923950.
NWNC undertakes to take all necessary precautions to ensure the security of data
communicated by the USER and in particular, to prevent it from being modified,
damaged or accessed by a third party.
NWNC informs the USER that he/she possesses, in accordance with this law, the
right to access, modify and oppose the data that they provide.
The USER may exercise this right by sending an e-mail to contact@harfang3d.com,
or a letter addressed to “NWNC Harfang, 5 rue de la Lionne, 45000 ORLEANS,
France”. USERS must include their full details (name, address, telephone and fax
number, e-mail address) and must specify the subject of their correspondence.
USERS may also object to how their data will later be processed by NWNC to
contact them regarding new promotional offers. USERS can also prevent their data
from being passed to third parties or NWNC’s commercial partners.
NWNC may wish to send e-mails to USERS, primarily intended to inform them about
its services. It is possible to refuse to receive these informative e-mails, by
sending an e-mail or letter to the addresses listed above and which can also be
found in the body of the e-mail received.
Similarly, NWNC may receive certain data, which may be gathered using cookies.
A “cookie” is a small text file which contains user-specific information about
the visitor to the WEBSITE. It is stored on the user’s hard drive and may only
be read by the server and browser that provided it.
NWNC only makes use of session cookies and authentication to optimise USER
experience while consulting the WEBSITE, with respect to the French Law on
Computer Technology and Freedom dated 6 January 1978.
Article 13 – Confidentiality
The Parties reciprocally commit to a general confidentiality obligation relating
to all oral or written information, in any form whatsoever, held in the context
of the Licence. Information which is generally known to the public or which may
become known to the public without any fault or failure by the USER is excluded
from this.
Therefore, the Parties undertake:
to keep any confidential information strictly secret. In particular, they shall never directly or indirectly disclose or communicate all or part of this confidential information to anyone in any way, without prior written authorisation from the other Party.
not to use all or part of the confidential information for activities or purposes other than for fulfilling the contract;
not to copy or imitate all or part of the confidential information;
to return all confidential information to the other Party on request.
The Parties agree to take all necessary measures to ensure that this
confidentiality obligation is respected for the whole duration of the contract
and after it has been terminated. They shall also vouch for this obligation
being respected by their employees.
This obligation is an obligation of results.
Each Party authorises the other to use their name in commercial references where
they may be required to cite or edit it.
Moreover, the USER should respect NWNC’s credit, as described in Article 7.4
above.
Article 14 – Warranty and Liability
14.1 – General terms
The USER declares, by accepting these General Conditions and the Licence, that
the SOFTWARE offered by NWNC meets his/her expectations and requirements.
The USER uses the SOFTWARE at his/her own risk.
The SOFTWARE is provided “as is” without warranty of any kind, whether regarding
the results, production or design of the FINAL PRODUCT.
NWNC makes no guarantee or conditions, either implicit or explicit, regarding
the use of the SOFTWARE, including guarantees or conditions related to its
market value, its suitability for a particular use or for counterfeiting.
NWNC is under no obligation to provide support with respect to the use of the
SOFTWARE. For further information, the USER may go to www.harfang3d.com/faq.
NWNC does not accept liability in the event of loss or damage of the USER’s
data, files, computer programmes, documentation and operating loss, or loss of
productivity, earnings, profits, revenue, assets, savings, contracts, brand
image, investment or time.
As the SOFTWARE Licence offered to the USER is free, NWNC is exempt from any
responsibility towards the USER.
In the event that SOFTWARE use develops into COMMERCIAL USE, NWNC’s
responsibility is limited to direct damages. It is explicitly excluded from any
indirect damages. In particular, NWNC will not be held liable for immaterial or
indirect loss under any circumstances, such as: production stoppages, operating
loss, loss of profits or opportunity, commercial prejudice and any shortfalls.
Any responsibility accepted by NWNC will be limited to the cost of the Licence.
Finally, the USER undertakes to inform NWNC of any counterfeiting act by a third
party of which it may become aware. If any copyright infringement prosecutions
are brought against NWNC regarding the use or operation of the SOFTWARE, NWNC
shall immediately inform the USER about it, who will in turn disclose any
evidence it may have for the defence of NWNC.
Article 15 – Reliability of Internet Network
The USER is solely responsible for the use of the service.
NWNC declines any responsibility and may not be held responsible for any damage
or viruses that may affect computer hardware or any other equipment when using
the SERVICE.
NWNC may not be held responsible for connection delays or the reliability of
data transferred by the Internet network.
In view of the complexity of global networks, inequalities in sub-network
capacity and influxes of USERS at certain times, NWNC shall not be held
responsible for any interruptions or partial or total unavailability of the
SERVICE, resulting in technical difficulties linked to the Internet Network
(interruption, slow connection speeds, disconnection, etc.).
Article 16 - Force majeure event
NWNC will not be held responsible in the case of occurrence of a force majeure
event under any circumstances.
In view of NWNC’s obligations, events beyond its control which it cannot
reasonably be expected to foresee are considered to be force majeure events. The
occurrence of such events renders it more difficult and costly to carry out its
obligations. Such events include, in particular but not only: war, riots,
natural disasters, embargo, epidemic, disruption to transport and communication
systems, acts of government, amendments to regulations applicable to the General
Conditions or the SERVICE, internal or external strikes, internal or external
breakdowns or failure, failure of the internet or telephone network, failure of
GITHUB, and generally, any event which affects successful delivery of the
SERVICE.
Article 17 - Applicable Law - Jurisdiction
These General Conditions and the Licence are subject to French Domestic Law,
excluding any International Convention.
In the event of a dispute regarding these General Conditions or the SOFTWARE,
the parties will attempt wherever possible to resolve it amicably.
In the event of failure, disputes between NWNC and USERS should be brought
before the courts with jurisdiction in ORLEANS (45), France. This is where the
Headquarters of NWNC are located and to which the Parties attribute
jurisdiction. Exceptions may occur if another jurisdiction were to be designated
by public policy rules. This is relevant for disputes regarding the validity,
execution, interpretation, non-performance, interruption or termination of these
General Conditions and Licence, even for summary proceedings and notwithstanding
several bodies or Parties or the introduction of third parties.
4. Third-party Licenses
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
ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED OR
REFERENCED IN THIS AGREEMENT. By selecting the “I accept” button or other button
or mechanism designed to acknowledge agreement to the terms of an electronic
copy of this Agreement, or by installing, downloading, accessing, or otherwise
copying or using all or any portion of the Autodesk Materials, (i) you accept
this Agreement on behalf of the entity for which you are authorized to act
(e.g., an employer) and acknowledge that such entity is legally bound by this
Agreement (and you agree to act in a manner consistent with this Agreement) or,
if there is no such entity for which you are authorized to act, you accept this
Agreement on behalf of yourself as an individual and acknowledge that you are
legally bound by this Agreement, and (ii) you represent and warrant that you
have the right, power and authority to act on behalf of and bind such entity (if
any) or yourself. You may not accept this Agreement on behalf of another entity
unless you are an employee or other agent of such other entity with the right,
power and authority to act on behalf of such other entity. If Licensee is
unwilling to accept this Agreement, or you do not have the right, power and
authority to act on behalf of and bind such entity or yourself as an individual
(if there is no such entity), (a) DO NOT SELECT THE “I ACCEPT” BUTTON OR
OTHERWISE CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO ACKNOWLEDGE
AGREEMENT, AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE COPY OR USE ALL OR
ANY PORTION OF THE AUTODESK MATERIALS; AND (b) WITHIN THIRTY (30) DAYS FROM THE
DATE OF ACQUIRING THE AUTODESK MATERIALS, LICENSEE MAY RETURN THE AUTODESK
MATERIALS (INCLUDING ANY COPIES) TO THE ENTITY FROM WHICH THEY WERE ACQUIRED FOR
A REFUND OF THE APPLICABLE LICENSE FEES PAID BY THE LICENSEE. The words
“Autodesk", “Agreement” and “Licensee” and other capitalized terms used in this
Agreement are defined terms. The definitions can be found in Exhibit A (if the
terms are not defined in the main body of the Agreement). 1. License 1.1 License
Grant. Subject to and conditioned on Licensee’s continuous compliance with this
Agreement, Autodesk grants Licensee a nonexclusive, nonsublicensable,
nontransferable, limited license to Install and Access the Licensed SDK and User
Documentation, in each case solely (a) in the Territory, (b) within the scope of
the License Type and Permitted Number specified in the applicable License
Identification, and (c) in accordance with the other terms of this Agreement,
to: 1.1.1       (a)    use the SDK for development, research, internal,
educational, or commercial purposes: (i) to create a software product with the
capability to read and/or write and/or translate Licensee files, which software
product links to the Library (“Developed Software”); and/or (ii) to modify the
Sample Code(s) solely to create an object code version(s) (“Modified Code(s)”);
and/or (b)     reproduce the Library to link to the Developed Software.
1.1.2      (a)     incorporate the executable version of the Developed Software
into; and/or (b)     incorporate the Modified Code(s) into; and/or (c)     link
the Library, in binary code form to; software products developed by Licensee
(“Licensee Product(s)”) for Licensee’s Internal Business Needs.
1.1.3   reproduce, distribute and sublicense free of charge or for a fee
Licensee Product(s) provided that Licensee must sublicense the Software, the
Developed Software, the Library, the Sample Code(s) and the Modified Code(s) “as
is”, without warranty of any kind. Various License Types are described in
Exhibit B. In any case where the License Identification does not specify a
License Type or Permitted Number or Territory, or there is no License
Identification, the License Type will, by default, be the Stand-alone
(Individual) License and the Territory will be worldwide, subject to the Export
Control requirements herein. 1.1.4       Licensee shall reproduce and apply any
copyright or other proprietary rights notices included on or embedded in the
Software, or any part thereof, to any copies of the Software or any part
thereof, or to the Developed Software, in any form. 1.1.5       Licensee shall
place the following statement in the copyright area of either: (i) the end-user
License and/or terms of use for the Developed Software; or (ii) the ‘About Box’
or similar notice page of the Developed Software; and Licensee shall also
include the following statement in the copyright area of either: (a) the on-line
documentation regarding the Developed Software; or (b) any other document
related to Developed Software that contains copyright information:“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.”1.2 Upgrades and Previous Versions. 1.2.1 Effect of
Upgrades. If Autodesk or a Reseller provides Licensee with an Upgrade to other
Licensed Materials previously licensed to Licensee, the Licensed Materials
previously licensed to Licensee and any other Autodesk Materials relating
thereto will thereafter be deemed to be a “Previous Version.” Except as set
forth in Section 1.2.2 (Exception for Relationship Program Licensees), the
license grant and other rights with respect to any Previous Version will
terminate one hundred twenty (120) days after Installation of the Upgrade.
Within such one hundred twenty (120) day period, except as set forth in Section
1.2.2 (Exception for Relationship Program Licensees), (a) Licensee must cease
all use of any Previous Version and Uninstall all copies of the Previous
Version, and (b) upon expiration of such period, such Previous Version will no
longer constitute Licensed Materials but rather will be deemed to be Excluded
Materials and Licensee will no longer have a license for any such Previous
Version. At Autodesk’s request, Licensee agrees to destroy or return to
Autodesk or the Reseller from which they were acquired all copies of the
Previous Version. Autodesk reserves the right to require Licensee to show
satisfactory proof that all copies of any Previous Version have been Uninstalled
and, if so requested by Autodesk, destroyed or returned to Autodesk or the
Reseller from which they were acquired. 1.2.2 Exception for Relationship Program
Licensees. The termination of rights as to Previous Versions described in
Section 1.2.1 (Effect of Upgrades) may not apply to Licensee if and to the
extent (a) Licensee participates in a Relationship Program and the Relationship
Program Terms authorize Licensee to retain such Previous Versions or (b)
otherwise authorized in writing by Autodesk. 1.3 Additional Terms. The Licensed
Materials (or portions thereof) may be subject to terms (e.g., terms
accompanying such Licensed Materials or made available in connection with
ordering, installing, downloading, accessing, using or copying such Licensed
Materials) that are in addition to or different from the terms set forth in this
Agreement, and Licensee agrees to comply with such terms. 1.4 Other Materials.
If Autodesk provides or makes available to Licensee any additional materials
associated with the Licensed Materials, including any corrections, patches,
service packs, updates or upgrades to, or new versions of, the Licensed
Materials (including Upgrades) or any Supplemental Materials or User
Documentation for the Licensed Materials, (a) such additional materials may
include or be subject to other terms in addition to or different from the terms
set forth in this Agreement (including, without limitation, additional or
different fees, license terms, or restrictions on use), and Licensee agrees to
comply with such terms, or (b) if there are no other terms for such additional
materials, they will (except as otherwise provided by Section 1.2 (Upgrades and
Previous Versions)) be subject to the same terms (including, without limitation,
the licenses, applicable License Type and Permitted Number, and other terms of
this Agreement) as the Licensed Materials to which such additional materials
apply. In no event will the foregoing result in any rights with respect to
Excluded Materials. 1.5 Authorized Users. Licensee may permit the Licensed
Materials to be Installed and/or Accessed only by Licensee’s Personnel (except
as otherwise designated in the applicable License Type), and any such
Installation or Access will be subject to any other requirements imposed by this
Agreement and the applicable License Type and Permitted Number. Licensee will
be responsible for compliance with this Agreement by Licensee’s Personnel and
any other persons who may have Access to the Autodesk Materials through Licensee
(whether or not such Access is authorized by Autodesk or within the scope of the
applicable License Type and Permitted Number). 1.6 Third-Party Licensed
Materials. The Autodesk Materials may contain or be accompanied by third-party
software, data or other materials that are subject to and provided in accordance
with terms that are in addition to or different from the terms set forth in this
Agreement. Such terms may be included or referenced in or with such third-party
software, data or other materials (e.g., in the “About box”) or a web page
specified by Autodesk (the URL for which may be obtained on Autodesk’s website
or on request to Autodesk). Licensee agrees to comply with such terms. In
addition, Licensee will take sole responsibility for obtaining and complying
with any licenses that may be necessary to use third-party software, data or
other materials that Licensee uses or obtains for use in conjunction with the
Licensed Materials. Licensee acknowledges and agrees that Autodesk has no
responsibility for, and makes no representations or warranties regarding, such
third-party software, data or other materials or Licensee’s use of such
third-party software, data or other materials. 1.7 Relationship Programs.
Autodesk may offer to Licensee, and (if so) Licensee may participate in one (1)
or more Relationship Programs applicable to the Licensed Materials licensed to
Licensee under this Agreement (and such Relationship Programs may include rights
in addition to or different from those set forth in this Agreement). Any
Relationship Programs are subject to Autodesk’s terms therefor, which terms are
set forth in the applicable Relationship Program Terms. Licensee agrees that if
it requests, accepts, or makes use of any Relationship Program, Licensee will be
bound by such terms, as they may be modified from time to time in accordance
with the applicable Relationship Program Terms (and such terms, as so modified
from time to time, are a part of and incorporated by reference into this
Agreement), and Licensee agrees to comply with such terms. Licensee
acknowledges that Autodesk may require a further acceptance of such terms as a
condition to participation in a Relationship Program. 1.8 Services. Autodesk
may provide, and Licensee may elect to receive or benefit from, certain Services
from time to time. Any Services are subject to Autodesk’s terms therefor, which
terms are set forth in the applicable Services Terms. Licensee agrees that if
it requests, accepts, or makes use of any Services, Licensee will be bound by
such terms, as they may be modified from time to time in accordance with the
applicable Services Terms (and such terms, as so modified from time to time, are
a part of and incorporated by reference into this Agreement), and Licensee
agrees to comply with such terms. Licensee acknowledges that Autodesk may
require a further acceptance of such terms as a condition to providing Services.
1.9 Archival Copy. Licensee’s license under Section 1.1 (License Grant)
includes the right to make a single archival copy of the Licensed Materials in
the Territory, provided that (a) the single-copy limitation will not apply to
copies made as an incidental part of a routine backup of Licensee’s entire
computer system on which the Licensed Materials are Installed in accordance with
this Agreement, where such backup includes the making of copies of substantially
all other software on such computer system and (b) any archival copy may be
Accessed or Installed (other than on a backup storage medium from which the
Licensed Materials cannot be Accessed) only when and for so long as the primary
copy of the Licensed Materials is inaccessible and inoperable. Copies of the
Licensed Materials that are Installed and are in excess of the Permitted Number
at any time while the primary copy of the Licensed Materials is also Accessible
are not "archival copies" as permitted under this Section 1.9 (Archival Copy).
1.10 Nature of Licenses. Licensee acknowledges and agrees that when Licensee
acquires a license of Licensed Materials, (including through a Relationship
Program or Services), Licensee’s acquisition is neither contingent on the
delivery of any future features or functionality nor subject to any public or
other comments (oral, written or otherwise) made by Autodesk regarding future
features or functionality. 1.11 Feedback. Licensee hereby grants Autodesk, under
all of Licensee’s intellectual property and proprietary rights, the following
worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully
paid-up rights: (1) to make, have made, use, copy, modify, and create derivative
works of the Feedback as part of or in connection with any Autodesk product,
technology, service, content, material, specification or documentation
(including without limitation in connection with the marketing or sale thereof);
(2) to publicly perform or display, import, broadcast, transmit, distribute,
license, offer to sell and sell, rent, lease or lend copies of the Feedback (and
derivative works thereof and improvements thereon); and (3) to sublicense to
third parties the foregoing rights, including the right to sublicense to further
third parties. “Feedback” shall mean all suggestions, comments, input, ideas,
reports, information or know-how (whether in oral or written form) provided by
Licensee to Autodesk or an Autodesk affiliate in connection with Licensee’s
evaluation of or use of the Licensed Materials. Feedback does not include any
artwork or sample content created by Licensee using the Licensed Materials. 2.
License Limitations; Prohibitions 2.1 Limitations and Exclusions. 2.1.1 No
License Granted; Unauthorized Activities. The parties acknowledge and agree
that, notwithstanding anything to the contrary in this Agreement, no license is
granted (whether expressly, by implication or otherwise) under this Agreement
(and this Agreement expressly excludes any right) (a) to Excluded Materials, (b)
to any Autodesk Materials that Licensee did not acquire lawfully or that
Licensee acquired in violation of or in a manner inconsistent with this
Agreement, (c) for Installation of or Access to the Licensed Materials beyond
the applicable license term (whether a fixed term or Relationship Program period
or term) or outside the scope of the applicable License Type or Permitted
Number, (d) for Installation of the Licensed Materials on any Computer other
than a Computer owned or leased, and controlled, by Licensee, unless otherwise
authorized in writing by Autodesk, (e) to distribute, rent, loan, lease, sell,
sublicense, transfer or otherwise provide all or any portion of the Autodesk
Materials to any person or entity except as expressly set forth in this
Agreement or as expressly authorized in writing by Autodesk, (f) to provide or
make available any features or functionality of the Autodesk Materials to any
person or entity (other than to and for Licensee itself for the purpose
specified in the applicable License Type), whether or not over a network and
whether or not on a hosted basis, (g) except as otherwise expressly provided
with respect to a specific License Type, to Install or Access or allow the
Installation of or Access to the Autodesk Materials over the Internet or other
non-local network, including, without limitation, use in connection with a wide
area network (WAN), virtual private network (VPN), virtualization, Web hosting,
time-sharing, service bureau, software as a service, cloud or other service or
technology, (h) to remove, alter or obscure any proprietary notices, labels or
marks in the Autodesk Materials, (i) to decompile, disassemble or otherwise
reverse engineer the Autodesk Materials, or (j) to translate, adapt, arrange, or
create derivative works based on, or otherwise modify the Autodesk Materials for
any purpose. 2.1.2 Licensed Materials as a Single Product. The Licensed
Materials are licensed to Licensee as a single product and the applicable
components may not be separated for Installation or Access (and all such
components must be Installed and Accessed on the same Computer except as
authorized in writing by Autodesk). 2.1.3 Territory. Except as otherwise
authorized in writing by Autodesk, the licenses granted in this Agreement are
granted only for the Territory. Nothing in this Agreement permits Licensee
(including, without limitation, Licensee’s Personnel, if any) to Install or
Access the Licensed Materials outside of the Territory. 2.1.4 Effect of
Unauthorized Use. Licensee will not engage in, and will not permit or assist
any third party to engage in any of the uses or activities prohibited (or any
uses or activities inconsistent with the limitations described) in this Section
2.1 (Limitations and Exclusions) (collectively, “Unauthorized Uses”). Any such
Unauthorized Use, and any Installation of or Access to the Licensed Materials
provided under this Agreement, outside of the scope of the applicable license
grants (including, without limitation, outside the applicable License Type
and/or Permitted Number) or otherwise not in accordance with this Agreement,
constitute or result in infringement of Autodesk’s intellectual property rights
as well as a breach of this Agreement. Licensee will notify Autodesk promptly
of any such Unauthorized Uses or other unauthorized Installation or Access.
2.1.5 Use of Open Source Software by Licensee.  If Licensee uses any third party
software (including free or Open Source Software), whether or not in conjunction
with the Software, Licensee shall ensure that its use does not: (i) create, or
purport to create, obligations of Autodesk or any of its affiliates with respect
to the Software; (ii) grant, or purport to grant, to any third party any rights
to or immunities under Autodesk’s or any of its affiliates intellectual property
rights; or (iii) cause the Software to be subject to any licensing terms other
than those set forth in this Agreement. 2.2 Circumvention. 2.2.1 Licensee may
not (i) utilize any equipment, device, software, or other means to (or designed
to) circumvent or remove any form of technical protection used by Autodesk in
connection with the Autodesk Materials, or (ii) Install or Access the Autodesk
Materials with any product code, authorization code, serial number, or other
copy-protection device not supplied by Autodesk directly or through a Reseller.
Without limitation of the generality of the foregoing, Licensee may not utilize
any equipment, device, software, or other means to (or designed to) circumvent
or remove the Autodesk License Manager or any tool or technical protection
measure provided or made available by Autodesk for managing, monitoring or
controlling Installation of or Access to Autodesk Materials. 2.2.2 Licensee may
not utilize any equipment, device, software, or other means to (or designed to)
circumvent or remove any usage restrictions, or to enable functionality disabled
by Autodesk, in connection with the Excluded Materials. Licensee may not bypass
or delete any functionality or technical limitations of the Autodesk Materials
that (or that are designed to) prevent or inhibit the unauthorized copying of,
Installation or Access to the Excluded Materials. 3. All Rights Reserved
Autodesk and its licensors retain title to and ownership of, and all other
rights with respect to, the Autodesk Materials and all copies thereof,
including, without limitation, any related copyrights, trademarks, trade
secrets, patents, and other intellectual property rights. Licensee has only the
limited licenses granted with respect to the Licensed Materials expressly set
forth in this Agreement, and Licensee has no other rights, implied or otherwise.
Licensee acknowledges and agrees that the Autodesk Materials are licensed, not
sold, and that rights to Install and Access the Licensed Materials are acquired
only under the license from Autodesk. The structure and organization of
Software included in the Autodesk Materials, any source code or similar
materials relating to such Software, any API Information and Development
Materials (both as described in Section 1.11 (APIs)), and any other Licensed
Materials identified as confidential or proprietary are valuable trade secrets
of, and confidential and proprietary information of, Autodesk and its suppliers,
and (a) may not be distributed, disclosed or otherwise provided to third
parties, and (b) may be used only internally and only in conjunction with and
for Licensee’s own authorized internal use of the Licensed Materials. 4.
Privacy; Use of Information; Connectivity 4.1 Privacy and Use of Information.
Licensee acknowledges and agrees that Licensee (and third parties acting on
Licensee’s behalf) may provide, and Autodesk and its Resellers (and third
parties acting on behalf of Autodesk and its Resellers) may obtain, certain
information and data with respect to Licensee (including, without limitation,
personal information) and Licensee’s business in connection with this Agreement,
including, without limitation, information and data provided to or obtained by
Autodesk and its Resellers (or third parties acting on behalf of Autodesk and
its Resellers) through the Customer Information Form and otherwise, in
connection with ordering, registration, activation, updating, validating
entitlement to, auditing, monitoring Installation of and Access to Autodesk
Materials, Relationship Programs and Services and managing the relationship with
Licensee. Licensee hereby consents to Autodesk maintaining, using, storing and
disclosing such information and data (including, without limitation, personal
information, if any) in conformity with Autodesk’s policies on privacy and data
protection, as such policies may be updated from time to time, including without
limitation Autodesk’s Privacy Statement, as currently located at
http://usa.autodesk.com/privacy/. Without limitation of the generality of the
foregoing, Licensee acknowledges and agrees that: (a) Autodesk may from time to
time prompt Licensee (and third parties acting on Licensee’s behalf) to provide
express agreement to the terms of Autodesk’s Privacy Statement and/or express
agreement to specific uses of information and data (including, without
limitation, personal information); (b) Autodesk may provide information and
data, including, without limitation, information and data about Licensee’s use
of Autodesk Materials, Relationship Programs, and Licensee’s support requests,
to Autodesk subsidiaries and affiliates, Resellers and other third parties in
connection with the provision, maintenance, administration or usage of Licensed
Materials, Relationship Programs or Services or in connection with enforcement
of any agreements relating to Licensed Materials, Relationship Programs or
Services; and (c) Autodesk may make cross-border transfers of such information
and data, including to jurisdictions with privacy or data protection laws that
are less protective of Licensee than the jurisdiction in which Licensee is
domiciled. Licensee acknowledges and agrees that such policies may be changed
from time to time by Autodesk and that, effective upon posting on Autodesk’s
website or other written notice from Autodesk, Licensee will be subject to such
changes. 4.2 Connectivity. Certain Licensed Materials may facilitate or require
Licensee’s access to and use of content and services that are hosted on websites
maintained by Autodesk or by third parties. In some cases, such content and
services may appear to be a feature or function within, or extension of, the
Licensed Materials on Licensee’s Computer even though hosted on such websites.
Accessing such content or services and use of Licensed Materials may cause
Licensee’s Computer, without additional notice, to connect automatically to the
Internet (transitorily, intermittently or on a regular basis) and to communicate
with an Autodesk or third-party website—for example, for purposes of providing
Licensee with additional information, features and functionality or to validate
that the Licensed Materials and/or content or services are being used as
permitted under this Agreement or other applicable terms. Such connectivity to
Autodesk websites is governed by Autodesk’s policies on privacy and data
protection described in this Section 4 (Privacy; Use of Information;
Connectivity). Such connectivity to websites of third parties is governed by
the terms (including the disclaimers and notices) found on such sites or
otherwise associated with the third-party content or services. Autodesk does
not control, endorse, or accept responsibility for any such third-party content
or services, and any dealings between Licensee and any third party in connection
with such content or services, including, without limitation, such third party’s
privacy policies, use of personal information, delivery of and payment for goods
and services, and any other terms associated with such dealings, are solely
between Licensee and such third party. Autodesk may at any time, for any
reason, modify or discontinue the availability of any third-party content or
services. Access to and use of certain content and services (whether of Autodesk
or third parties) may require assent to separate terms and/or payment of
additional fees. 5. Limited Warranty and Disclaimers 5.1 Limited Warranty.
Autodesk warrants that, as of the date on which the Licensed Materials are
delivered to Licensee and for ninety (90) days thereafter or if the license term
is shorter, such shorter period (“Warranty Period”), the Licensed Materials will
provide the general features and functions described in the User Documentation
portion of the Licensed Materials. Autodesk's entire liability and Licensee’s
exclusive remedy during the Warranty Period (“Limited Warranty”) will be, with
the exception of any statutory warranty or remedy that cannot be excluded or
limited under law, at Autodesk's option, (i) to attempt to correct or work
around errors, if any, or (ii) to refund the license fees, if any, paid by
Licensee and terminate this Agreement or the license specific to such Licensed
Materials. Such refund is subject to the return, during the Warranty Period, of
the Autodesk Materials, with a copy of Licensee’s License Identification, to
Licensee’s local Autodesk office or the Reseller from which Licensee acquired
the Autodesk Materials. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES
LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER
LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. AUTODESK DOES NOT SEEK TO
LIMIT LICENSEE’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. 5.2
Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 5.1
(LIMITED WARRANTY), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
AUTODESK AND ITS SUPPLIERS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES,
REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY
STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO ANY
AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES (PURSUANT TO A
RELATIONSHIP PROGRAM OR OTHERWISE). ANY STATEMENTS OR REPRESENTATIONS ABOUT THE
AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES AND THEIR FEATURES OR
FUNCTIONALITY IN THE LICENSED MATERIALS OR ANY COMMUNICATION WITH LICENSEE ARE
FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY, REPRESENTATION,
OR CONDITION. WITHOUT LIMITING THE FOREGOING, AUTODESK DOES NOT WARRANT: (a)
THAT THE OPERATION OR OUTPUT OF THE LICENSED MATERIALS OR SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE, WHETHER OR
NOT UNDER A RELATIONSHIP PROGRAM OR SUPPORT BY AUTODESK OR ANY THIRD PARTY; (b)
THAT ERRORS WILL BE CORRECTED BY AUTODESK OR ANY THIRD PARTY; OR (c) THAT
AUTODESK OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR THAT
SUCH RESOLUTION WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS. NOTHING IN
THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE
IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED NOTWITHSTANDING
A CONTRACTUAL RESTRICTION TO THE CONTRARY. WITHOUT LIMITING THE FOREGOING,
Autodesk AND ITS SUPPLIERS MAKE, AND LICENSEE RECEIVES, no warranties that: (I)
future versions of the SDK, Library and/or Sample Code(s), if any, will contain
features similar to or the same as the SDK, Library and/or Sample Code(s),
respectively or will be compatible with the SDK, Library and/or Sample Code(s),
respectively; (II) the Software or the SDK, Library and/or Sample Code(s) will
meet LICENSEE requirements; or (iii) operation of the SDK, Library or Sample
Code(s) will be uninterrupted or error-free. 6. Warnings 6.1 Functionality
Limitations. The Licensed Materials and Services (except for Licensed Materials
designed for non-commercial use, such as Autodesk Materials designed to be used
for household or other consumer purposes or licensed only for purposes of
educational or individual learning) are commercial professional tools intended
to be used by trained professionals only. Particularly in the case of
commercial professional use, the Licensed Materials and Services are not a
substitute for Licensee’s professional judgment or independent testing. The
Licensed Materials and Services are intended only to assist Licensee with its
design, analysis, simulation, estimation, testing and/or other activities and
are not a substitute for Licensee’s own independent design, analysis,
simulation, estimation, testing, and/or other activities, including those with
respect to product stress, safety and utility. Due to the large variety of
potential applications for the Licensed Materials and Services, the Licensed
Materials and Services have not been tested in all situations under which they
may be used. Autodesk will not be liable in any manner whatsoever for the
results obtained through use of the Licensed Materials or Services. Persons
using the Licensed Materials or Services are responsible for the supervision,
management, and control of the Licensed Materials and Services and the results
of using the Licensed Materials and Services. This responsibility includes,
without limitation, the determination of appropriate uses for the Licensed
Materials and Services and the selection of the Licensed Materials, Services and
other computer programs and materials to help achieve intended results. Persons
using the Licensed Materials or Services are also responsible for establishing
the adequacy of independent procedures for testing the reliability, accuracy,
completeness, and other characteristics of any output of the Licensed Materials
or Services, including, without limitation, all items designed with the
assistance of the Licensed Materials or Services. Licensee further acknowledges
and agrees that the Licensed Materials form part of Licensee’s total unique
hardware and software environment to deliver specific functionality, and that
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.
Reference in New Issue View Git Blame Copy Permalink