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LICENSE
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LIMITED SOFTWARE EVALUATION LICENSE AGREEMENT
The following Limited Software Evaluation License (the “License”) constitutes an
agreement between you (the “Licensee”) and InterDigital Communications, Inc, a
company organized and existing under the laws of the State of Delaware, USA,
with its registered offices located at 200 Bellevue Parkway, Suite 300,
Wilmington, DE 19809, USA (hereinafter “InterDigital”).
This License governs the download and use of the Software (as defined below).
Your use of the Software is subject to the terms and conditions set forth in
this License. By installing, using, accessing or copying the Software, you
hereby irrevocably accept the terms and conditions of this License. If you do
not accept all parts of the terms and conditions of this License, you cannot
install, use, access nor copy the Software.
Article 1. Definitions
“Affiliate” as used herein shall mean any entity that, directly or indirectly,
through one or more intermediates, is controlled by, controls, or is under
common control with InterDigital or The Licensee, as the case may be. For
purposes of this definition only, the term “control” means the possession of
the power to direct or cause the direction of the management and policies of an
entity, whether by ownership of voting stock or partnership interest, by
contract, or otherwise, including direct or indirect ownership of more than
fifty percent (50%) of the voting interest in the entity in question.
"Authorized Purpose” means any use of the Software for fundamental research work
with the exclusion of any commercial use or standard development activity.
Commercial use includes, without limitation, any sublicense granted on the
Software against a fee whatever its nature, any use of the Software in a product
that is offered (either free or for a price) to any third party, any use of the
Software to provide a service to a third party, any use of the Software to create
a competing product of the Software. Standard development activity includes any
use of the software to produce a result that would be included in a contribution
to a Standard Development Organization or include the SW as a part of a reference
SW of a specific group of a Standard Development Organization.
“Documentation” means textual materials delivered by InterDigital to the
Licensee pursuant to this License relating to the Software, in written or
electronic format, including but not limited to, technical reference manuals,
technical notes, user manuals, and application guides.
“Effective Date” means the date Licensee first installs a copy of the Software
on any computer.
“Limited Period” means the life of the copyright owned by InterDigital on the
Software in each and every country where such copyright would exist.
“Intellectual Property Rights” means all copyrights, trademarks, trade secrets,
patents and any other intellectual property rights recognized in any
jurisdiction worldwide, including all applications and registrations with
respect thereto.
"Open Source Software" shall mean any software, including where appropriate, any
and all modifications, derivative works, enhancements, upgrades, improvements,
fixed bugs, and/or statically linked to the source code of such software,
released under a free or open source software license that requires, as a
condition of usage, copy, modification and/or redistribution of such software,
that the party:
• Redistribute the Open Source Software royalty-free; and/or
• Redistribute the Open Source Software under the same license/distribution
terms as those contained in the open source or free software license under
which it was originally released; and/or
• Release to the public, disclose or otherwise make available the source
code of the Open Source Software.
For purposes of this License, by means of example and without limitation, any
software that is released or distributed under any of the following licenses
shall be qualified as Open Source Software: (i) GNU General Public License
(GPL); (ii) GNU Lesser/Library GPL (LGPL); (iii) the Artistic License; (iv)
the Mozilla Public License; (v) the Common Public License; (vi) the Sun
Community Source License (SCSL); (vii) the Sun Industry Standards Source License
(SISSL); (viii) BSD License; (ix) MIT License; (x) Apache Software License;
(xi) Open SSL License; (xii) IBM Public License; and (xiii) Open Software
License.
“Software” means the Software with which this license was downloaded, namely
NeoRadium and excluding any Open Source Software included in the distribution,
as described in further detail in Article 7 below.
Article 2. License
InterDigital grants Licensee a free, worldwide, non-exclusive, license to
InterDigital’s copyright on the Software to download, use and reproduce solely
for the Authorized Purpose for the Limited Period.
Licensee shall not pay any royalty, license fee or maintenance fee, or other fee
of any nature under this License.
Article 3. Restrictions on use of the Software
Licensee shall not have the right to correct, adapt, modify, reverse engineer,
disassemble, decompile or/and otherwise perform or conduct any action leading to
the transformation of the Software.
Licensee shall not remove, obscure or modify any copyright, trademark or other
proprietary rights notices, marks or labels contained on or within the Software,
falsify or delete any author attributions, legal notices or other labels of the
origin or source of the material.
Licensee may reproduce and distribute copies of the Software in any medium
provided that Licensee gives any other recipients of the Software a copy of this
License.
Article 4. Ownership
Title to and ownership of the Software, the Documentation, and/or any
Intellectual Property Right protecting the Software and/or the Documentation
shall at all times remain with InterDigital. Licensee agrees that except for the
limited rights granted to the Software as set forth in Section 2 above, in no
event shall anything in this License grant, provide, or convey any other rights,
privileges, immunities, or interest in or to any Intellectual Property Rights
(including but not limited to patent rights) of InterDigital or any of its
Affiliates, whether by implication, estoppel, or otherwise.
Article 5. Publication/Communication
Any publication or oral communication resulting from the use of the Software
shall be elaborated in good faith and shall not be driven by a deliberate will
to denigrate InterDigital or any of its products. In any publication and on any
support joined to an oral communication (e.g., a PowerPoint presentation)
relating to the Software, the following statement shall be inserted:
“NeoRadium is an InterDigital product”
In any publication, the latest publication about the software shall be properly
cited. The latest publication currently is:
"NeoRadium Version 0.2.0”
In any oral communication relating to the Software and/or its use, the Licensee
shall orally indicate that the Software is InterDigital’s property.
Article 6. No Warranty - Disclaimer
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE ON AN “AS IS” BASIS.
INTERDIGITAL MAKES NO WARRANTY THAT THE SOFTWARE WILL OPERATE ON ANY PARTICULAR
HARDWARE, PLATFORM, OR ENVIRONMENT. THERE IS NO WARRANTY THAT THE OPERATION OF
THE SOFTWARE SHALL BE UNINTERRUPTED, WITHOUT BUGS OR ERROR FREE. THE SOFTWARE
AND DOCUMENTATION ARE PROVIDED HEREUNDER WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED LIABILITIES AND
WARRANTIES OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM INHERENT
DEFECTS, CONFORMITY TO A SAMPLE OR MODEL, MERCHANTABILITY, FITNESS AND/OR
SUITABILITY FOR A SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR
BY LAW, OR FROM A CAUSE OF DEALING OR USAGE OF TRADE. ANY AND ALL SUCH IMPLIED
WARRANTIES ARE FULLY DISCLAIMED BY INTERDIGITAL TO THE MAXIMUM EXTENT ALLOWED
BY LAW, AND LICENSEE ACKNOWLEDGES THAT THIS DISCLAIMER OF ALL EXPRESS AND
IMPLIED WARRANTIES BY INTERDIGITAL, AS WELL AS LICENSEE’S ACCEPTANCE AND
ACKNOWLEDGEMENT OF THE SAME, IS A MATERIAL PART OF THE CONSIDERATION FOR THIS
LICENSE.
InterDigital shall not be obligated to perform or provide any modifications,
derivative works, enhancements, upgrades, updates or improvements of the
Software or Documentation, or to fix any bug that could arise.
Licensee at all times uses the Software at its own cost, risk and
responsibility. InterDigital shall not be liable for any damages that could
accrue by or to Licensee as a result of its use of the Software, either in
accordance with this License or not.
InterDigital shall not be liable for any consequential or indirect losses,
including any indirect loss of profits, revenues, business, and/or anticipated
savings, whether or not in the contemplation of the Parties at the time of
entering into this License unless expressly set out in this License, or arising
from gross negligence, willful misconduct or fraud.
Licensee agrees that it will defend, indemnify and hold harmless InterDigital
and its Affiliates against any and all losses, damages, costs and expenses
arising from a breach by the Licensee of any of its obligations or
representations hereunder, including, without limitation, any third party
claims, and/or any claims in connection with any such breach and/or any use of
the Software, including any claim from third party arising from access, use,
or any other activity in relation to this Software.
Licensee shall not make any warranty, representation, or commitment on behalf
of InterDigital to any other third party.
Article 7. Open Source Software
Licensee hereby represents, warrants, and covenants to InterDigital that
Licensee’s use of the Software shall not result in the Contamination of all or
any part of the Software, directly or indirectly, or of any Intellectual
Property of InterDigital or its Affiliates.
As used herein, “Contamination” shall mean that the licensing terms under which
any Open Source Software, distinct from the Software, is released would also
apply to the Software herein, by virtue of such Open Source Software being
linked to, combined with, or otherwise connected to the Software.
Licensee agrees that some Open Source Software are included in the distribution.
A list of such is provided in exhibit A with the relevant licenses applicable.
For the avoidance of doubt, regarding such Open Source Software, the relevant
license will apply exclusively.
Article 8. No Future Contract Obligation
Neither this License nor the furnishing of the Software, nor any other
InterDigital information provided to Licensee, shall be construed to obligate
either party to: (a) enter into any further agreement or negotiation concerning
the deployment of the Software; (b) refrain from entering into any agreement or
negotiation with any other third party regarding the same or any other subject
matter; or (c) refrain from pursuing its business in whatever manner it elects
even if this involves competing with the other party.
Article 9. General Provisions
9.1 Severability. If any provision of this License shall be held to be in
contravention of applicable law, this License shall be construed as if such
provision were not a part thereof, and in all other respects the terms hereof
shall remain in full force and effect.
9.2 Governing Law. Regardless of the place of execution, delivery, performance
or any other aspect of this License, this License and all of the rights of the
parties under this License shall be governed by, construed under and enforced in
accordance with the substantive law of the State of Delaware, USA, without
regard to conflicts of law principles. In case of a dispute that cannot be
settled amicably, the state and federal courts located in New Castle County,
Delaware, USA, shall have exclusive jurisdiction over such dispute, and each
party hereby irrevocably waives any objection to the jurisdiction of such
courts, including but not limited to objections of lack of in personam
jurisdiction or based on principles of forum non conveniens.
9.3 Survival. The provisions of articles 1, 3, 4, 6, 7, 8, 9.1, 9.2 and 9.5
shall survive termination of this License.
9.4 Assignment. InterDigital may assign this license to any third Party.
Licensee may not assign this agreement to any third party without InterDigital’s
prior written approval.
9.5 Entire Agreement. This License constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and supersedes any
prior agreements or understanding.
Exhibit A – Open source parts
Python Package License Type (As of June. 2024)
---------------- ----------------------------------------
numpy BSD license
scipy BSD 3-Clause "New" or "Revised" License
matplotlib PSF license
notebook BSD 3-Clause "New" or "Revised" License