Terms and Conditions for a Gratuitous Limited Non-Commercial Source Code Evaluation License
of Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., Munich, registered as a non-profit association at the local court of Munich (Amtsgericht München), Reg No VR 4461, Hansastraße 27c, 80686 München, Germany („Fraunhofer“).
AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ATTEMPTING TO USE THIS SOURCE CODE AND RELATED DOCUMENTATION (COLLECTIVELY, THE "MATERIAL") AND BEFORE CLICKING ON THE "ACCEPT" BUTTON BELOW. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING ORUSING THE MATERIAL, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT:
Fraunhofer grants You access to the Material through its AudioLabs website. Subject to the terms and conditions of this Agreement Fraunhofer grants You a personal, non-exclusive, non-transferable, unlimited and royalty-free right to use and modify the Material solely for (i) non-commercial evaluation purposes and/or (ii) the purpose of creating Derivatives of the Material, provided You comply with the following:
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You shall use the Material solely in the field of research and teaching;
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You must not use the Material in any industrial funded third-party research project;
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You must not use any results and/or findings achieved from the Material for any commercial purpose;
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If You want to publish or distribute (i) any results and/or findings achieved from the Material and/or (ii) any derivations, modifications of or amendments to the Material (collectively "Derivatives") and/or (ii) copies of all or any portion of the Material, such copies and Derivatives must be provided to others gratuitously and their use must be subject to the same terms and conditions as stated herein; For the avoidance of doubt, You must not sell, sublicense, rent, lease, export or otherwise provide against monetary or non-monetary compensation or for any commercial purposes to others all or any portion of the Material and/or any Derivatives;
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You must not remove any copyright notices or references in the Material;
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You do include a reference to the Authors of the Material in any Derivative;
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Upon request of Fraunhofer you agree to grant to Fraunhofer a non-exclusive, unlimited, royalty-free license to use Your Derivatives for any purpose. Fraunhofer grants You the right to use and modify the Material solely as stipulated in this Agreement. Any further use of the Material is prohibited and constitutes an infringement of this Agreement. In such case this Agreement terminates with immediate effect.
You agree that upon termination of this Agreement You will destroy all copies of the Material and erase all computer programs relating to the Material from the computer system in which they were loaded. You may terminate this license at any time by destroying all copies of the Material in Your possession.
You understand and agree that before any development and distribution of commercial applications and/or products using all or any portion of the Material You must contact Fraunhofer at /fraunhofer or mailto:info@audiolabs-erlangen.de to request the final commercial release of the Material and a commercial license thereto. Development and distribution of such application(s) or product(s) which operate with the final commercial release of the Material shall be governed by a license agreement necessary for the exploitation of such application(s) or product(s). You acknowledge that Fraunhofer is not obligated to make the Material available as a final commercial release.
Title, ownership rights and intellectual property rights in the Material shall remain in Fraunhofer, who reserves all rights not expressly granted herein. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right, including without limitation, any right under any patent claim directed to a combination of the functionality of the Material with the functionality of any other programs, or a combination of hardware systems other than the combination of the Material and the hardware or firmware into which the Material is loaded.
The Material is furnished to You "AS IS". Liability of Fraunhofer and its legal representatives for material and/or legal defects is limited to fraudulent intent. Liability of Fraunhofer and its legal representatives arising from tort shall be limited to typical, foreseeable damage caused with intent and gross negligence, to the extent it is not a matter of infringement of live, of personal injury or of injury to health or of product liability (German Product Liability Act).
You must comply with all applicable provisions of national and international (re-)export control regulations when using and particularly passing on any Derivatives to third parties according to this Agreement. In particular, You must obey the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America when passing on Derivatives to third parties.
You have to indemnify and hold harmless Fraunhofer from and against any claim, proceeding, action of any public authority or third parties arising out of or relating to any noncompliance with export control regulations by You, and You have to compensate Fraunhofer for all losses and expenses resulting thereof.
This Agreement sets forth the entire agreement and understanding between You and Fraunhofer pertaining to the subject matter hereof and merges all prior written or oral discussions between them. This Agreement shall be construed in accordance with and governed by the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods.
If, for any reason, any provision of this Agreement is held invalid under any applicable law or laws, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.
You further agree that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an enforceable agreement between Fraunhofer and You.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING THE MATERIAL YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.