Only For Sign In Member
Please Sign In or Create Account.
Please Sign In or Create Account.
1. LEGAL VALIDITY
This License Agreement make up the agreement between you (“User”) and Open Vision Technologies, LLC. (“Open Vision Technologies”) with respect to the use of the UliSDK (“SDK”) for development of software and running of applications.Please, read this agreement through carefully. By selecting “Accept the UliSDK License Agreement”, you are deemed to accept this agreement and to commit yourself to observing it. When representing a legal entity, you should ensure your due authorization to approve this agreement before you select “Accept the UliSDK License Agreement”. Otherwise, Open Vision Technologies shall regard you, as the User of the UliSDK, as personally responsible for compliance with this License Agreement.
With both The Open Vision Technologies and the User (“Parties”) agreeing to comply with this License Agreement, this Agreement shall be deemed to enter into force when The Open Vision Technologies has informed the User of and acceptance of this License Agreement .
Subject to the terms of this License Agreement, Open Vision Technologies hereby grants you a non-exclusive, non-transferable license, without the right to sublicense to:
Install and use the UliSDK
Modify and create derivative works of sample source codes delivered in the SDK
Use code generator to generate source codes, and
Distribute UliSDK, sample applications, and generated source codes as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.2 Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
The source code generators, under codegen directory of the SDK are not distributable, in any format.
The distributable portions of the SDK shall only be accessed by your application.
The following notice shall be included in modifications, generated source codes, and derivative works of sample applications distributed: “This software contains source code provided by Open Vision Technologies, LLC.”.
You agree that Open Vision Technologies has ultimate rights regarding the assignments of the Subsystem ID, Node ID, Component ID, and Message ID in your applications.
If you do not possess valid Sponsorship License, distribution, in any format, of the SDK, generated codes, and derivative works from sample applications of the SDK needs to meet the requirements of the GPL and LGPLv3 open source licenses.
Distribution for commercial use, in any format, of the SDK, generated codes, and derivative works from sample applications of the SDK is only allowed if you possess a valid Sponsorship License.
You agree to notify Open Vision Technologies in writing of any known or suspected distribution or use of SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreement with respect to distributed SDK.
1.3 Authorized Users
You may allow employees and contractors of your entity to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
Open Vision Technologies may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement.
You agree that the form and content of the SDK that Open Vision Technologies provides may change without prior notice to you. While Open Vision Technologies generally maintains compatibility between versions, Open Vision Technologies may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.5 Reservation of Rights
Open Vision Technologies reserves all rights, title and interest in and to the SDK not expressly granted to you under this Agreement.
3. NO WARRANTIES
THE SDK IS PROVIDED BY OPEN VISION TECHNOLOGIES “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN VISION TECHNOLOGIES AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATEN OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
The following license limitations apply to your use of the SDK:
4.1 You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK, copies of the SDK, or generated source codes by the SDK.
4.2 Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.
4.3 You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be (i) disclosed or distributed in source code form; (II) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
5. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN VISION TECHNOLOGIES
SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIN BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL OPEN VISION TECHNOLOGIES’ AND ITS AFFILIATED TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
6.1 This Agreement will continue to apply until terminated by either you or Open Vision Technologies as described below:
6.2 If you want to terminate this Agreement, you may do so by stopping to use the SDK.
6.3 Open Vision Technologies may, at any time, terminate this Agreement if:
(i) you failed to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from Open Vision Technologies (or immediately if you violate Open Vision Technologies’ intellectual property rights).
(ii) you commence or participate in any legal proceeding against Open Vision Technologies with respect to the SDK. Or
(iii) Open Vision Technologies decides to no longer provide the SDK in a country or, in Open Vision Technologies’ sole discretion, the continued use of it is no longer commercially viable.
6.4 Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have compiled with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the licenses granted to you.