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LICENSE
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Copyright (C) 2022 Gonçalo Lopes
In addition to the MIT license terms expressed in the following, this software
is subject to the terms of the Point Grey Spinnaker Software Development Kit
License Agreement (included below).
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.
----------------------
This software integrates and makes use of the Point Grey Spinnaker Software
Development Kit, which is subject to the following license agreement:
PGR Spinnaker® SDK License Agreement
READ CAREFULLY: This is a legal agreement between you (an individual or a single entity)
(“you”) and Point Grey Research Inc. (“PGR”). Before installing and using the Spinnaker®
Software Development Kit and any updates to it that PGR may in its discretion provide to
you (collectively, the “SDK”), you should read this agreement. If you do not agree with all of the
terms of this agreement, do not install or use the SDK. PGR may change this agreement at any
time and it is your responsibility to review the most updated version of it on PGR’s website
at http://www.ptgrey.com/spinnaker-sdk. By continuing to use the SDK following such changes,
you agree to be bound by them.
1. Grant of License: Subject to the terms of this agreement, you are hereby granted a limited,
terminable, non-transferable, non-exclusive license and right to use the SDK only in conjunction with:
(a) those PGR cameras listed at http://www.ptgrey.com/cameras (as such list may be amended
by PGR at any time and from time to time) and owned by you; and (b) the images derived from such
cameras.
2. Free and Open Source Components: Notwithstanding anything to the contrary herein, the
use, copying and distribution of components of the SDK licensed under free and open source license
agreements are governed solely by the terms of those license agreements (which are contained in
the electronic documentation for the SDK) and not this agreement. It is your responsibility to review the
terms and conditions of those license agreements and PGR will not be liable for any breach by you of
such license agreements.
3. Restrictions: Except as (and only if) explicitly permitted by Section 4 below, you will not, and
will not permit any third parties to: (a) copy the SDK, other than a reasonable number of backup copies
for your own use only, and such backup copies together with the original will be kept in your possession
and control; (b) provide or disclose the SDK to any third party; (c) alter, modify, reverse engineer,
decompile or disassemble the SDK, or attempt to do any of the foregoing; (d) grant sublicenses, leases
or any other rights in the SDK to any third party; or (e) remove, alter or obscure any proprietary
rights notices (including any copyright and trademark notices) on and in the SDK.
4. Additional OEM Rights: If you are an original equipment manufacturer, then in addition to
the rights set out in Section 1 above you are hereby granted a limited, terminable, non-transferable,
non- exclusive license and right to use the SDK for the sole additional purpose of incorporating the
libraries found in the SDK (collectively, the “Libraries”) into new products developed by you, in whole
or in part, using the SDK (collectively, the “Derivative Products”), and you may sub-license to your
end user customers who require such rights to use the Derivative Products the rights licensed to you
under this agreement (other than the rights to develop Derivative Products under this Section 4), provided
that you: (a) ensure that the components of any Derivative Product that derive functionality from any of
the Libraries may only be used with PGR products, including the SDK, and images derived from such
products; (b) ensure that you comply with the terms of any applicable open source license agreements
in connection with the Derivative Products; (c) may only redistribute drivers (.inf and .sys), dynamically
linked libraries (.dlls and .so), executables (.exe) and documentation (.doc, .txt, .pdf and .chm) and
only to the extent necessary to support your Derivative Products. For clarity, headers (.h), source
(.c, .cpp,.cs and .vb) and statically linked libraries (.lib and .a) cannot be redistributed; (d) will prohibit
any, and ensure that there is no, redistribution, altering, modifying, reverse engineering, decompiling or
disassembling of any of the Libraries by any third party, including any end user customers; (e) will
include any PGR and third party proprietary rights legends or notices (including copyright and
trademark notices), unaltered and unobscured, on all Derivative Products; and (f) will ensure that any
third parties to whom the Derivative Products are distributed agree to comply with the terms of this
agreement or terms which are at least as favourable to PGR as the terms of this agreement.
5. Ownership: PGR and third parties are the owners of and retain title to all proprietary
and intellectual property rights (including all patent, copyright, trade secret and trademark rights) in and
to the SDK. You have no right, title or interest in the SDK, except as specifically set forth herein, and
no rights in any trade-marks of PGR. All rights not explicitly granted herein are hereby reserved to
PGR. You retain ownership of and title to all proprietary and intellectual property rights of the
Derivative Products developed by you, save and except the components of the SDK contained within
those Derivative Products.
6. Indemnification: You assume the entire risk relating to, and will indemnify, hold harmless
and defend PGR from and against, any claims, actions, lawsuits, or proceedings, and any losses,
liabilities, damages and expenses (including attorney’s fees and expenses) that arise or result from
your activities and the activities of persons to whom you distribute Derivative Products under this
agreement or in connection with the SDK, whether during or after termination of this agreement and
whether or not permitted by this agreement, including the distribution or use of the SDK (including
the Libraries) and/or the development, distribution or use of any Derivative Product (including any
intellectual property infringement claims relating thereto).
7. No Warranties: Your use of the SDK is solely at your own risk. The SDK is provided “as is” and
“as available” without warranty or condition of any kind, either express, implied or statutory, including
implied warranties of merchantability, fitness for a particular application or purpose, title and noninfringement,
and PGR hereby expressly disclaims all such warranties and conditions. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. Limitation of Liability: Notwithstanding any other provision herein, to the maximum extent
permitted by applicable law, PGR will not under any circumstances be liable for any direct, indirect,
incidental, consequential, punitive or special losses or damages (including damages for bodily injury
or death, business interruption, loss or corruption of business information or data, loss of opportunity,
loss of privacy, cost of recovery, financial loss, loss of revenue or loss of profits for any reason
whatsoever) whether or not PGR has been advised or should have been aware of the possibility of any
such losses or damage arising, and in no event will the aggregate and cumulative liability of PGR for any
matters arising under this agreement or otherwise exceed $25.
9. Changes and Support: PGR may at its sole discretion elect to provide you with limited support
services related to the SDK for such period of time as PGR at its sole discretion elects. PGR may change
or cease to provide the SDK and the limited support services at any time and from time to time
without notice to you and you acknowledge that PGR is not obligated to provide the SDK or any
support. PGR may use any technical information, feedback or ideas you provide to PGR for PGR’s
business purposes, including product support and development.
10. Termination: PGR may terminate this agreement immediately on notice to you if you violate
any of the terms of this agreement. PGR may also terminate this agreement for convenience provided
that 30 days’ notice is delivered to you. Any notice given by PGR hereunder will be effective when sent
by PGR to the email address you provided to PGR when you registered for a download account. On
termination, for any reason, your rights hereunder will immediately cease and you must immediately
return all copies of the SDK in your possession or under your control to PGR and on termination for
violation or default, you will be liable to PGR for all damages suffered as a result of the violation or
default. Sections 5-8, 10 and 12 will survive any termination hereof.
11. Export Laws: This agreement involves products and/or technical data that may be controlled
under laws and regulations of Canada, the United States and other countries, including the Canadian
Export and Import Permit Act and the United States Export Administration Regulations, and any
regulations, directives, notices, orders, policies, guidance, or advisory opinions issued thereunder, or
any other applicable law, regulation, rule, guideline or order (collectively, “Export Laws”). You will
comply with all Export Laws to ensure that the SDK is not exported, re-exported, transferred, sold or
otherwise disposed of by you, directly or indirectly, in contravention of Export Laws. You represent and
warrant to PGR that you are not a person barred from receiving the SDK under any Export Laws.
12. General: This agreement is the entire agreement between you and PGR with respect to
the subject matter of this agreement. If you are signing on behalf of an entity that is not an individual
(such as a corporation or partnership), you represent and warrant that you have the authority to bind
such entity. This agreement and the rights granted hereunder are personal to you and you may not
assign this agreement to a third party without the prior written consent of PGR. This agreement is
governed exclusively by and will be enforced, construed, and interpreted exclusively in accordance
with the laws of British Columbia (“BC”) and the laws of Canada applicable in BC. The courts of
the Province of BC will have exclusive jurisdiction over any dispute arising under this agreement.
You agree that termination and/or monetary damages may not be a sufficient remedy if you breach this
agreement and that PGR will be entitled, without waiving any other rights or remedies, to injunctive or
equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach.
If PGR does not exercise any legal right or remedy in this agreement or otherwise, this will not be taken
to be a formal waiver by PGR of its rights, which rights will remain available to PGR. If any provision
of this agreement is construed to be illegal or invalid, the illegal or invalid provisions will be deemed
stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other
provisions hereof will continue in full force and effect.