THIS END USER LICENCE AGREEMENT (?LICENCE?) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED (“ARM”) FOR THE USE OF THE DELIVERABLES ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE DELIVERABLES TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING ?I AGREE? OR BY INSTALLING OR OTHERWISE USING OR COPYING THE DELIVERABLES YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE.
?Authorised Purpose? means the use of the Deliverables to compress texture images and deliver such compressed texture images to end users.
?Deliverables? means the software binaries accompanying this Licence, and any printed, electronic or online documentation supplied with it, in all cases relating to the Mali Texture Compression Tool.
?Input? means all suggestions, comments, feedback, ideas, or know-how (whether in oral or written form) provided by you to ARM under this Licence and in connection with the Deliverables.
?Separate Files? means the files identified in Clause 4 below, which are subject to the terms of the licence agreement identified in Clause 4.
?Software Applications? means the compressed texture images developed by you under this Licence.
?Subsidiary? means any company the majority of whose voting shares is now or hereafter owned or controlled, directly or indirectly, by ARM. A company shall be a Subsidiary only for the period during which such control exists.
2. LICENCE GRANT.
2.1 DELIVERABLES: ARM hereby grants to you, subject to the terms and conditions of this Licence, a nonexclusive, nontransferable, royalty free, worldwide licence to use and copy the Deliverables solely for the Authorised Purpose.
Licence to ARM
2.2 You may at your discretion deliver any Input to ARM.
2.3 Except as expressly agreed to the contrary in writing by both parties, you hereby grant to ARM and its Subsidiaries under your and your affiliates (as applicable) intellectual property a perpetual, irrevocable, royalty free, non-exclusive, worldwide licence to: (i) use, copy, modify, and create derivative works of the Input as part of any or all of the Deliverables and any other ARM product(s); (ii) sell, supply or otherwise distribute the whole or any part of the Input (and derivative works thereof) as part of any or all of the Deliverables and any other ARM product(s); and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. No right is granted by you to ARM to sublicense your and your affiliates (as applicable) intellectual property except to the extent that it is provided to ARM as Input and is embodied in any or all of the Deliverables and any other ARM product(s).
2.4 Except as expressly licensed to ARM in Clause 2.3, you retain all right, title and interest in and to the Input provided by you under this Licence.
2.5 You shall not knowingly give to ARM any Input:
(i) you have reason to believe is subject to any patent, copyright or other intellectual property claim or right of any third party;
(ii) subject to licence terms which seek to require any product incorporating or derived from such Input, or other intellectual property, to be licensed to or otherwise shared with any third party.
2.6 For the avoidance of doubt, ARM shall be free to use, copy, disclose or otherwise distribute any Input as part of any or all of the Deliverables and any other ARM product(s) to any third party or pursuant to any of the licences granted in Clause 2.3 without obligation or restriction of any kind.
3. RESTRICTIONS ON USE OF THE DELIVERABLES.
REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Deliverables. If the Deliverables were provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Deliverables for the purposes of error correction.
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this agreement may not be assigned, sublicensed, or otherwise transferred by you to any third party without the prior written consent of ARM. You shall not rent or lease the Deliverables, or except as expressly provided above, share them with third parties. No right is granted to modify or distribute the source code of any Deliverables so that is becomes subject to a licence that requires as a condition of use, modification or distribution, that the code be disclosed or distributed in source code or that others have the right to modify it.
TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Deliverables other than as expressly provided by this Licence. The Deliverables are licensed not sold. ARM does not transfer title to the Deliverables to you. In no event shall the licences granted in Clause 2 be construed as granting you expressly or by implication, estoppel or otherwise, licences to any ARM technology other than the Deliverables.
NOTICES: You shall not remove from the Deliverables any copyright notice or other notice (whether ARM?s or its licensor?s), and you shall ensure that any such notice is reproduced in any copies of the whole or any part of the Deliverables made by you. You shall not use ARM?s or its licensor?s name, logo or trademarks to market Software Applications.
4. THIRD PARTY RIGHTS
The Deliverables contain files licensed from third parties which are subject to the relevant terms and conditions set out in the Schedule to this Licence (?Third Party Terms?). The Separate Files are delivered to you as part of the Deliverables for your convenience, and are expressly subject to the Third Party Terms. You hereby agree to comply with all the terms and conditions imposed on you by the Third Party Terms. Further you hereby agree that ARM shall have no liability to you under the terms of this Licence in respect of the Separate Files.
5. MICROSOFT REDISTRIBUTABLES
The Deliverables installed using the windows installer contain files redistibuted under licence from Microsoft Corporation, and you agree to indemnify, defend and hold harmless ARM from any claims including attorneys? fees related to the distribution or use of your Software Applications or the use by you of the Deliverables. Microsoft specific files shall not be used on platforms other than a Windows platform.
6. NO SUPPORT.
ARM has no obligation to support or to continue providing or updating any of the Deliverables.
7. NO WARRANTIES.
YOU AGREE THAT THE DELIVERABLES ARE LICENSED ?AS IS?, AND THAT ARM AND ANY THIRD PARTY LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION PROGRAMS YOU CREATE WITH THE DELIVERABLES, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE DELIVERABLES WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM OR ANY SUCH LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM’s negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00.
9. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.
10. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you or by ARM. Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time.
Upon termination of this Licence by you or by ARM you shall stop using the Deliverables and destroy all copies of the Deliverables in your possession together with all documentation and related materials.
The provisions of Clauses 1, 2.3 ? 2.6, 4, 5, 7, 8, 9, 10 and 11 shall survive termination of this Licence.
This Licence is governed by English Law. Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Deliverables and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM’s rights to enforce such provision or any other provision of this Licence in the future.
You agree to comply fully with all laws and regulations of the United States and other countries (“Export Laws”) to assure that the Deliverables are not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
Section 1 Open Source files excluding Eclipse IDE
Open Source Licence Terms
Apache 2.0 – http://www.imagemagick.org/script/license.php
Refer to ReadMe file (extract of Legal terms set out in Part A below)
Set out at the following web page http://www.libpng.org/pub/png/src/libpng-LICENSE.txt
Refer to ReadMe file (extract of Legal terms set out in Part B below)
SWI Image Cnavans.java
Common Public License http://www.eclipse.org/legal/cpl-v10.html
Common Public License http://www.eclipse.org/legal/cpl-v10.html Part A
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.
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
TIFF Software Distribution
This file is just a placeholder; all the documentation is now in HTML in the html directory. To view the Documentation point your favorite WWW viewer at html/index.html; e.g.
If you don’t have an HTML viewer then you can read the HTML source or fetch a PostScript version of this documentation from the directory
If you can’t hack either of these options then basically what you want to do is:
# make install
More information, email contacts, and mailing list information can be found online at http://www.libtiff.org/.
Use and Copyright
Silicon Graphics has seen fit to allow us to give this work away. It is free. There is no support or guarantee of any sort as to its operations, correctness, or whatever. If you do anything useful with all or parts of it you need to honor the copyright notices. I would also be interested in knowing about it and, hopefully, be acknowledged.
The legal way of saying that is:
Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Section 2- Open Source files for Eclipse IDE
The Eclipse IDE: The Eclipse IDE and plug-ins are distributed subject to the terms of the Eclipse Software User Agreement (SUA) version March 17, 2005, and 1 February, 2011, except that the term ?Content? used in the SUA shall mean only those Eclipse IDE materials contained in this package, and it is ARM, not the Eclipse Foundation, who makes the agreement with you and supplies you with that Content. That Content is also subject to all the legal terms and notices referred to in the SUA and the other licences contained in this package.
Section 3 – Ericsson Software License Agreement
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE “SOFTWARE”). THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THE “SLA”). IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE.
Subject to the terms and conditions of the SLA, the licensee of the Software (the ?Licensee?) hereby, receives a non-exclusive, non transferable, limited, free of charge, perpetual and worldwide license, to copy, use, distribute and modify the Software, but only for the purpose of developing, manufacturing, selling, using and distributing products including the Software in binary form, which products are used for compression and/or decompression according to the Khronosÿstandard specifications Open GL, Open GL ES and WebGL.
If Licensee institutes, or threatens to institute, patent litigation against Ericsson or Ericsson?s affiliates for using the Software for developing, having developed, manufacturing, having manufactured, selling, offer for sale, importing, using, leasing, operating, repairing and/or distributing products (i) within the scope of the Khronos framework; or (ii) using software or other intellectual property rights owned by Ericsson or its affiliates and provided under the Khronos framework, Ericsson shall have the right to terminate this SLA with immediate effect. Moreover, if Licensee institutes, or threatens to institute, patent litigation against any other licensee of the Software for using the Software in products within the scope of the Khronos framework, Ericsson shall have the right to terminate this SLA with immediate effect. However, should Licensee institute, or threaten to institute, patent litigation against any other licensee of the Software based on such other licensee?s use of any other software together with the Software, then Ericsson shall have no right to terminate this SLA.
This SLA does not transfer to Licensee any ownership to any Ericsson or third party intellectual property rights. All rights not expressly granted by Ericsson under this SLA are hereby expressly reserved. Furthermore, nothing in this SLA shall be construed as a right to use or sell products in a manner which conveys or purports to convey whether explicitly, by principles of implied license, or otherwise, any rights to any third party, under any patent of Ericsson or of Ericsson?s affiliates covering or relating to any combination of the Software with any other software or product (not licensed hereunder) where the right applies specifically to the combination and not to the software or product itself.
THE SOFTWARE IS PROVIDED “AS IS”. ERICSSON MAKES NO REPRESENTATIONS OF ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE, SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE LICENSE AND THE SLA ARE SUBJECT TO LICENSEE?S SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES.
THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE computer systems AND/or networks, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR ANY OTHER computer systems AND/or networks OR CONTROL AND/OR COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR ENVIRONMENTAL DAMAGE. LICENSEE?S RIGHTS UNDER THIS LICENSE WILL TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE FAILS TO COMPLY WITH THIS PARAGRAPH.
IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that “ERICSSON ///” is the corporate trademark of Telefonaktiebolaget LM Ericsson and that both “Ericsson” and the figure “///” are important features of the trade names of Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and conditions shall be deemed to grant Licensee any right, title or interest in the word “Ericsson” or the figure “///”. No delay or omission by Ericsson to exercise any right or power shall impair any such right or power to be construed to be a waiver thereof. Consent by Ericsson to, or waiver of, a breach by the Licensee shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
This SLA shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with this SLA, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Swedish Courts.
Section 4 ? Creative Commons Attribution 2.5 Licence for ?FamFamFam? Silk Icons
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN “AS-IS” BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “LICENSE”). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
a. “Collective Work” means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. “Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image (“synching”) will be considered a Derivative Work for the purpose of this License.
c. “Licensor” means the individual or entity that offers the Work under the terms of this License.
d. “Original Author” means the individual or entity who created the Work.
e. “Work” means the copyrightable work of authorship offered under the terms of this License.
f. “You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
e. For the avoidance of doubt, where the work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work (“cover version”) and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested.
b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
a. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
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ARM contract reference: LEC-PRE-00465