License

Steinwurf Evaluation License Version 1.1 Copyright (c) Steinwurf ApS and its licensors. 2020. All rights reserved.

I. DEFINITIONS

“You” refers to the individual executing this License or the legal entity or entities represented by the individual executing this License.

“Software” is the object code and source code of the product provided by Steinwurf ApS and its licensors.

“Developed Software” Libraries and programs created by You using the Software under this license.

“Research Use” means research, evaluation, or development for the purpose of advancing knowledge, teaching, learning. Research Use expressly excludes use or distribution for direct or indirect commercial gain or advantage.

“Commercial Evaluation Use” means using the software for evaluation and demonstration purposes only, this includes experiments, pilots, field trials, trainings, and prototyping. But it does not include commercial deployments or any usage for internal business purposes other than evaluation and demonstration. Contact Steinwurf ApS if you wish to obtain a commercial license.

“Software Confidential Information” shall mean any data or proprietary information or product or portion of a product of Steinwurf ApS and its licensors that is not generally known to the public or has not yet been revealed, whether in tangible or intangible form, whenever and however disclosed, including but not limited to: software development and design information, software architecture, software not yet known to the public including software products or software source code or software object code or any related codes in all formats, and any kind of information relating to software not yet known to the public disclosed to the Recipient in internal communications, events, or meetings, or any other research, development, operations, marketing, transactions, discoveries and inventions, methods, processes, articles, materials, algorithms, formulas, specifications, designs, drawings, data, strategies, plans, prospects, know-how and ideas, whether tangible or intangible, and including all copies, analyses and other derivatives thereof and any other information that should reasonably be recognized as Software Confidential Information by Steinwurf

II. USAGE RIGHTS

1. You are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable limited license to develop, make, and use the Software subject to and conditioned upon your compliance with terms and conditions of this license agreement for either Research Use or Commercial Evaluation Use.
2. You may modify the Software which has been made available to You by Steinwurf.
3. You agree to assign, and hereby do assign, all rights in and to any such extensions, modifications, improvements of the Software to Steinwurf.
4. You may not resell, distribute, rent, assign, sell, loan, lease, sublicense or use the Software or any component thereof to provide services or hosted services to third parties, nor deploy the Software or any derivative work thereof externally for the benefit of another party.
5. Under Research Use, You may distribute any Developed Software to a third party as source code for Research Use only, subject to the confidentiality undertaking of this agreement.
6. Under Commercial Evaluation Use, You may distribute any Developed Software to a third party as object code only, subject to the confidentiality undertaking of this agreement and only for the purposes of Commercial Evaluation Use.

III. LICENSE RESTRICTIONS

1. You agree with all terms and conditions in this license, and You agree that You shall comply with all restrictions and responsibilities herein.
2. All worldwide right, title and interest in and to the Software, the Software Confidential Information, and any patents, copyrights, or other proprietary rights relating thereto, shall be and remain the exclusive property of Steinwurf ApS and/or its licensors. Nothing in this Agreement is intended to grant any rights to Recipient under any patents, copyrights, trademarks, or trade secrets of Steinwurf ApS and/or its licensors
3. Steinwurf ApS shall not acquire any right, title or interest in the Developed Software apart from its rights in the Software.
4. You acknowledge that your license of the Software is not dependent upon the performance by any party of any maintenance and support, professional services or the supply of any other software product.

IV. GENERAL TERMS

1. Disclaimer of Warranty 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, TITLE OR NONINFRINGEMENT. IN NO EVENT SHALL STEINWURF APS OR ITS LICENSORS 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.
2. Limitation of Liability IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL STEINWURF APS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, YOU MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS. FURTHER, STEINWURF APS AND/OR ITS LICENSORS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF THE SOFTWARE CONFIDENTIAL INFORMATION.
3. Confidentiality You agree to (i) maintain the Software Confidential Information in the strictest of confidence at all times and not disclose it to your agents, employees, representatives, affiliates, and any other individual or entity that is not on a “need to know” basis; (ii) keep the Software Confidential Information confidential and take all the reasonable precautions to protect the confidentiality of such Software Confidential Information with the same degree of care with which You protect the confidentiality of your own confidential information, but in no event with less than a reasonable degree of care, and (iii) not to use any Confidential Information for any purpose whatsoever except for the purposes of evaluation or testing authorized by Steinwurf ApS.
4. Termination You may terminate this license at any time. Steinwurf ApS may terminate this license at any time, including, without limitation, if You bring or assist any third party in bringing any challenge to the validity, patentability, enforceability and/or non-infringement of, or otherwise oppose, any patent rights controlled by Steinwurf ApS or licensed to Steinwurf ApS. Upon termination, You must discontinue using and distributing the Software under this agreement, and delete all versions of the Software in your possession, both original and derived versions.
5. License and Copyright Notices The above copyright notice and License notice must be included in all copies or substantial portions of the Software.
6. Governing Law This License shall be governed by and construed in accordance with the laws of Denmark without regard to conflicts of laws provisions thereof. Exclusive jurisdiction and venue for any action arising under this License is in the courts located in Denmark, and both parties hereby consent to such jurisdiction and venue for this purpose. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Any notice hereunder will be effective upon receipt and shall be given in writing, in English, and delivered to the other party at its given address or at such other address designated by written notice.