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LICENSE
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RESEARCH LICENSE
Version 1.1.2
I. DEFINITIONS.
"Licensee " means You and any other party that has entered into and has in effect a version of this License.
“Licensor” means DERO Foundation and its successors and assignees.
"Modifications" means any (a) change or addition to the Technology or (b) new source or object code implementing any portion of the Technology.
"Research Use" means research, evaluation, or development for the purpose of advancing knowledge, teaching, learning, or customizing the Technology for personal use. Research Use expressly excludes use or distribution for direct or indirect commercial (including strategic) gain or advantage.
"Technology" means the source code, object code and specifications of the technology made available by Licensor pursuant to this License.
"Technology Site" means the website designated by Licensor for accessing the Technology.
"You" means the individual executing this License or the legal entity or entities represented by the individual executing this License.
II. PURPOSE.
Licensor is licensing the Technology under this Research License (the "License") to promote research, education, innovation, and development using the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND MODIFICATIONS IS PERMITTED ONLY UNDER AN APPROPRIATE COMMERCIAL USE LICENSE AVAILABLE FROM LICENSOR AT <url>.
III. RESEARCH USE RIGHTS.
A. Subject to the conditions contained herein, Licensor grants to You a non-exclusive, non-transferable, worldwide, and royalty-free license to do the following for Your Research Use only:
1. reproduce, create Modifications of, and use the Technology alone, or with Modifications;
2. share source code of the Technology alone, or with Modifications, with other Licensees;
3. distribute object code of the Technology, alone, or with Modifications, to any third parties for Research Use only, under a license of Your choice that is consistent with this License; and
4. publish papers and books discussing the Technology which may include relevant excerpts that do not in the aggregate constitute a significant portion of the Technology.
B. Residual Rights. You may use any information in intangible form that you remember after accessing the Technology, except when such use violates Licensor's copyrights or patent rights.
C. No Implied Licenses. Other than the rights granted herein, Licensor retains all rights, title, and interest in Technology , and You retain all rights, title, and interest in Your Modifications and associated specifications, subject to the terms of this License.
D. Open Source Licenses. Portions of the Technology may be provided with notices and open source licenses from open source communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this License will apply to all Technology in this distribution.
IV. INTELLECTUAL PROPERTY REQUIREMENTS
As a condition to Your License, You agree to comply with the following restrictions and responsibilities:
A. License and Copyright Notices. You must include a copy of this License in a Readme file for any Technology or Modifications you distribute. You must also include the following statement, "Use and distribution of this technology is subject to the Java Research License included herein", (a) once prominently in the source code tree and/or specifications for Your source code distributions, and (b) once in the same file as Your copyright or proprietary notices for Your binary code distributions. You must cause any files containing Your Modification to carry prominent notice stating that You changed the files. You must not remove or alter any copyright or other proprietary notices in the Technology.
B. Licensee Exchanges. Any Technology and Modifications You receive from any Licensee are governed by this License.
V. GENERAL TERMS.
A. Disclaimer Of Warranties.
TECHNOLOGY IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH TECHNOLOGY IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY UNDER THIS LICENSE.
B. Infringement; Limitation Of Liability.
1. If any portion of, or functionality implemented by, the Technology becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), Licensor may, in its unrestricted discretion, suspend Your rights to use and distribute the Affected Materials under this License. Such suspension of rights will be effective immediately upon Licensor's posting of notice of suspension on the Technology Site.
2. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including negligence), WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY UNDER THIS SECTION V.B.2 SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
C. Termination.
1. You may terminate this License at any time by notifying Licensor in writing.
2. All Your rights will terminate under this License if You fail to comply with any of its material terms or conditions and do not cure such failure within thirty (30) days after becoming aware of such noncompliance.
3. Upon termination, You must discontinue all uses and distribution of the Technology , and all provisions of this Section V shall survive termination.
D. Miscellaneous.
1. Trademark. You agree to comply with Licensor's Trademark & Logo Usage Requirements, if any and as modified from time to time, available at the Technology Site. Except as expressly provided in this License, You are granted no rights in or to any Licensor's trademarks now or hereafter used or licensed by Licensor.
2. Integration. This License represents the complete agreement of the parties concerning the subject matter hereof.
3. Severability. If any provision of this License is held unenforceable, such provision shall be reformed to the extent necessary to make it enforceable unless to do so would defeat the intent of the parties, in which case, this License shall terminate.
4. Governing Law. This License is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed in California between California residents. In no event shall this License be construed against the drafter.
5. Export Control. You agree to comply with the U.S. export controlsand trade laws of other countries that apply to Technology and Modifications.
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING.
BY CLICKING ON THE YES BUTTON BELOW OR USING THE TECHNOLOGY, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY THE TERMS AND CONDITIONS OF THIS LICENSE. YOU MUST BE AT LEAST 18 YEARS OF AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS.
IF YOU DO NOT MEET THESE CRITERIA, OR YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE IN ANY FORM.