-
Notifications
You must be signed in to change notification settings - Fork 0
/
LICENSE
24 lines (12 loc) · 5.29 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Think-A-Move Ltd. Software EULA (End-User License Agreement)
August 12, 2021
The SPEAR SDK Software Product ("Product") is protected by Federal Copyright Law. Think-A-Move Ltd. ("TAM") retains the title to and ownership of the Product. You are licensed to use this Product on the following terms and conditions:
LICENSE - The licensee is defined as the individual or company utilizing the Product. TAM hereby grants the licensee free of charge non-exclusive, non-transferrable, non-assignable, non-sub-licensable, royalty-free license to install, execute and use the Product for the sole purpose of evaluation, testing and demonstration. Any results obtained from the program will not be used for any commercial or non-commercial activity. You may use the sample code to integrate the Product with your applications.
Nothing in this Agreement shall be construed as a license to any intellectual property rights of TAM other than those rights embodied in the Product and any written materials provided to Licensee by TAM. EXCEPT AS PROVIDED HEREIN, NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY OTHER TAM INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS AGREEMENT DOES NOT CONVEY ANY LICENSE TO USE THE PRODUCT IN PRODUCTION, OR TO DISTRIBUTE THE PRODUCT TO ANY THIRD PARTY. LICENSEE IS REQUIRED TO EXECUTE A SEPARATE LICENSE AGREEMENT WITH TAM BEFORE MANUFACTURING OR DISTRIBUTING THE PRODUCT OR ANY SOFTWARE THAT CONTAIN THE PRODUCT. The licensee is allowed the distribute the Product for "Evaluation", "Testing" and "Demonstration" purposes only. Please contact TAM, if you require "Commercial" or "Production" licenses.
RESTRICTIONS: - You may not distribute, rent, sub-license or otherwise make available to others the Product or Product documentation or copies thereof, except as expressly permitted in this License without prior written consent from TAM. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement. You may not remove any proprietary notices, labels, trademarks on the Product or Product Documentation. You may not modify, de-compile, disassemble, reverse engineer or translate the Product. Using the Product for consulting services or research purposes is explicitly forbidden. You may not create derivative works based on the Software or otherwise exploit the Software other than for "Evaluation", "Testing" and "Demonstration" purposes. Licensee is not allowed to publish results obtained with the Product during the evaluation period in the scientific literature, unless it purchases a license for the Product immediately after the evaluation period.
US GOVERNMENT RESTRICTED RIGHTS - Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under DFARS 252.227-7013 or in FARS 52.227-19 Commercial Computer Software - Restricted Rights.
TERMINATION - You may terminate your License and this Agreement at anytime by destroying all copies of the Product and Product Documentation. They will also terminate automatically if you fail to comply with any terms or conditions in this Agreement. TAM may discontinue offering, terminate, or restrict access to any part of the Product, at any time in its sole discretion and without prior notice.
LIMITED WARRANTY - This Product and Product Documentation are sold "as is" without any warranty as to their performance, merchantability or fitness for any particular purpose. The licensee assumes the entire risk as to the quality and performance of the Product. In no event shall TAM or anyone else who has been involved in the creation, development, production, or delivery of this Product be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this Product, or arising out of any breach of warranty. TAM is under no obligation to install, maintain or support the Product.
GOVERNING LAW - This Agreement shall be construed and controlled by the substantive laws of the State of Ohio without regard to its conflicts of laws provisions. This Agreement is the complete and exclusive statement regarding the subject matter of this Agreement and supersedes all prior agreements, understandings and communications, oral or written, between the parties regarding the subject matter hereof. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement shall be brought solely in the United States District Court Northern District of Ohio or the State of Ohio Courts of Cuyahoga County, Ohio and each of the parties to this Agreement hereby consents and submits to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
NOTICES - All notices to TAM hereunder shall be delivered to Think-A-Move, Ltd., 23307 Commerce Park, Beachwood, Ohio 44122.