End User License Agreement (EULA) of aquila biolabs GmbH – Full Version for LIQUID INJECTION SYTEM (LIS)
- Scope of these License Terms
1.1 This end user license agreement (“EULA”) governs the legal relationship between aquila biolabs GmbH (“aquila biolabs”), Arnold-Sommerfeld-Ring 2, 52499 Baesweiler, Germany, Amtsgericht Aachen HRB 19240, and each licensee (“Licensee”).
1.2 Licensee acquires from aquila biolabs the software specified in Appendix 1 including the data stock contained therein (hereinafter the “Software”) as well as the associated application documentation (in printed or electronic form) as set out in Appendix 1 (hereinafter the “Application Documentation”) in the language specified therein (collectively, the “Contract Items”) subject to the license terms agreed as follows.
1.3. The source code of the Software is not part of or included in the Contract Items.
1.4. The properties of the Software delivered by aquila biolabs are defined exclusively in the software specification made available to the Licensee prior to entering into the EULA. aquila biolabs does not owe any additional properties of the Software. In particular no such an obligation can be derived from representations of the Software in public statements or in the advertising of aquila biolabs, of its employees or of its partners, unless aquila biolabs has explicitly confirmed such further properties in writing.
1.5. To the extent that employees of aquila biolabs issue guarantees prior to conclusion of this EULA, these guarantees shall only be valid if confirmed by the management of aquila biolabs in writing.
- Scope of Use
2.1 aquila biolabs grants Licensee a non-exclusive, simple right, unlimited by time, to use the Contract Items exclusively with the hardware provided by aquila biolabs in single and multi-user environments.
2.2. Licensee may only use the Software for its own business purposes. Permissible business purposes shall also include the use for public research and for publications at universities. Any other uses are permitted only after obtaining prior written consent from aquila biolabs. Other uses include in particular
2.2.1. operation of data centers for third parties or
2.2.2. permanently or temporarily making the Software available (e.g. as application service providing or as download) for third parties
2.2.3. use of the Software for the training of persons that are not employees of the Licensee.
Commercial subletting is not permitted.
2.3. Making copies of the Software is only permitted to the extent that this is necessary for the contractually permitted use. Licensee may create a backup-copy of the Software in accordance with the rules of the art to the extent necessary. Backup-copies on removable storage media are to be labeled as “back-up copies” and marked with the copyright notice of the original storage medium.
2.4. Licensee may only modify, extend or otherwise edit the Software in accordance to Section 69c no. 2 of the German Copyright Act, to the extent that this is explicitly permitted by mandatory statutory provisions. Licensee or a third party may not attempt to rectify faults of the Software before granting aquila biolabs two attempts to fix the fault. The Licensee shall not acquire any rights for use or exploitation of such modifications other than the rights granted under this EULA. aquila biolabs may however offer Licensee an exclusive or non-exclusive right of use with the right to sublicense for an adequate fee.
2.5. Licensee shall be entitled to decompile the Software only if explicitly permitted within the limits stipulated in Section 69e of the German Copyright Act and only if aquila biolabs has failed to provide the necessary data and/or information required for ensuring interoperability with other hardware and software within an appropriate period following written notification.
2.6. If for the purpose of rectifications or maintenance aquila biolabs provides Licensee with supplements (e.g. patches, supplements to the operating manual) or a new edition of the Contract Items (e.g. update, upgrade), which replace the originally provided Contract Items, they shall be subject to the provisions of this EULA.
2.7. Licensee may only use the Software in a manner that exceeds the rights of use granted hereunder after obtaining aquila biolabs prior written consent.
- Installation, Training
3.1. With regard to the installation of the Software aquila biolabs refers to the installation instructions set out in the application documentation, in particular the hardware and software environment required by Licensee. Upon Licensee’s request aquila biolabs may perform the installation of the Software subject to a separate agreement.
3.2. aquila biolabs offers briefings and trainings on the basis of separate agreements.
- Protection of Software and Application Documentation
4.1. Unless a right has been explicitly granted to Licensee under this EULA, all rights to the Contractual Items (and all backup-copies made by Licensee) – in particular the copyright, the right to or in inventions, and technical intellectual property rights – shall remain exclusively with aquila biolabs. This shall also apply to any revision or updates/upgrades of the Contract Items by aquila biolabs. This shall not however affect in any way Licensee’s ownership of any storage devices on which backup copies were made.
4.2. Licensee shall carefully store the Contract Items in a safe place to prevent abuse. Licensee may only make Contract Items (in their original or modified state) available to third parties (i) with aquila biolabs’ prior written consent or (ii) when observing the additional requirements stipulated in Section 5 of this EULA. Licensee’s employees and other persons who are present at the Licensee’s premises for the contractually compliant use of the Contract Items are not deemed to be third parties.
4.3. Licensee is not permitted to modify or remove copyright marks, labels and/or control numbers or control marks of aquila biolabs. In case Licensee is granted the right to modify or amend the Contract Items under this EULA, copyright notices and labels must be maintained in the revised version of the Contract Items.
4.4 If Licensee (i) passes data storage devices, memory or other hardware, on which Contract Items are saved (in whole or in part, in their original or modified state), on to any third party, without meeting the requirements under Section 5, or (ii) gives up the immediate possession of such devices, Licensee must ensure that all stored Contract Items are deleted completely and permanently prior to doing so.
- Sale of Contract Items
Licensee is only authorized to pass on Contract Items to a third party in a uniform manner and after completely and finally ceasing to use the Contract Items himself. Licensee may not temporarily or partially permit or make available Contract Items for use by any third party, regardless of whether Contract Items are made available in tangible or intangible form.
- Licensee’s participation and information obligations
6.1. The Licensee assures that he has acquainted himself with the essential functional features of the Software and bears the risk, as to whether it corresponds with his wishes and requirements; in questions of doubt, Licensee has sought advice either from aquila biolabs’ employees or from third party experts.
6.2. The installation of a functional hardware and software environment (that is sufficiently equipped even when taking into account the additional load generated by the Contract Items) shall be the exclusive responsibility of Licensee.
6.3. Licensee shall follow the instructions for the installation and implementation of the Software supplied by aquila biolabs. He will regularly obtain up-to-date information through the online help pages at www.aquila-biolabs.de/service/ and take this information into account when using the software.
6.4. To the extent that aquila biolabs has additional obligations exceeding the delivery of the Contract Items, Licensee undertakes to cooperate as necessary at his own cost, e.g. by making available employees, a place of work, hard- or software, data and telecommunication services.
6.5. Licensee undertakes to grant aquila biolabs access to the Contract Items for the purpose of troubleshooting and bug-fixing, at Licensee’s discretion either directly and/or by providing remote access. aquila biolabs is authorized to verify whether the Contract Items are used in compliance with the provisions of this EULA. For this purpose, aquila biolabs may request information from Licensee, in particular regarding the period and extent of his use of the Contract Items.
- Defects of substance or rights; other defaults; limitation
7.1. aquila biolabs warrants compliance of the Contract Items with the agreed properties at the time of handover in accordance with German statutory provisions for the sale of goods and warrants further that the use of the Contract Items within the scope of this EULA will not infringe third party rights.
7.2. In the event a defect exists in the Software, aquila biolabs performs under its warranty by rectification. For this purpose, aquila biolabs may at its own discretion either provide Licensee with a new defect-free software release or rectify the defect. A defect shall be deemed rectified if aquila biolabs can show a reasonably acceptable way to use the Contract Item in question that will evade the occurrence of the defect.
7.3. In the event that Contract Items infringe third party rights aquila biolabs may first perform under its warranty by rectification. For this purpose, aquila biolabs at its own discretion may either enable Licensee to use the Contract Items without infringing third party rights or exchange or modify the defective Contract Item with an equivalent item.
7.4. Licensee must accept a new software release as rectification, if the functionality remains within the contractually agreed scope and if the update does not lead to significant disadvantages.
7.5. In case aquila biolabs provides services regarding debugging or troubleshooting, without being obliged to do so, aquila biolabs may request compensation in accordance with its common rates. This shall apply in particular, if the existence of a defect cannot be verified or the defect cannot be attributed to aquila biolabs.
7.6 All statutory warranty claims shall be time barred after one year beginning with the delivery (as well as notification of the Licensee thereof) of the Contract Items; the same deadline applies for all other claims of any type or on any grounds Licensee may have against aquila biolabs.
7.7. Notwithstanding Section 7.6. of this EULA, in cases of (a) intent or gross negligence of aquila biolabs, (b) fraudulent concealment of the defect, (c) personal injury, (d) infringement of third party rights as set out in Section 438 para. 1 no. 1 German Civil Code, (e) missing of guaranteed properties (Section 444 German Civil Code), or (f) for any claims resulting from the German Product Liability Act, the statutory provisions on time barring of claims shall apply instead.
8.1. In all cases of contractual and non-contractual liability aquila biolabs’ liability shall be limited as follows:
8.1.1. in cases of willful misconduct and in cases where a guaranteed property is missing, aquila biolabs’ statutory liability shall not be limited;
8.1.2. in cases of gross negligence aquila biolabs’ liability shall be limited to the amount of typical and foreseeable damages, that should have been prevented by the violated duty;
8.1.3. in other cases: the liability shall be limited to cases where damages result from breach of material contractual obligations if such breach jeopardizes achieving the purpose of the contract, provided that in these cases the liability shall be limited to the amount of damages foreseeable at the time the parties enter into this agreement;
8.1.4. notwithstanding the aforementioned limitations, to the extent that aquila biolabs is insured against the damages incurred by Licensee, aquila biolabs’ liability shall also include damages to the extent these are covered by such insurance, provided that aquila biolabs shall only be liable to make payments after receiving a corresponding compensation from the insurance company.
8.2 The limitations of liability set out in Section. 8.1 do not apply to aquila biolabs’ liability for personal injury and liability under the German Product Liability Act.
- End of right to use the Contract Items
In all cases of termination of Licensee’s right to use Contract Items (e.g. by rescission of contract, replacement of Contract Items) Licensee shall hand over all delivered Contract Items immediately and delete or destroy all copies, unless Licensee is obliged to retain such items by law. Licensee shall confirm the completion of the aforementioned in writing.
- Final provisions
10.1. The place for performance is Aachen. If the Licensee is merchant as defined in the German Commercial Code, a governmental legal entity or a special funds under public law, the courts of Aachen shall have exclusive jurisdiction for all disputes arising out of or in connection with this EULA. The same shall apply if Licensee has or moves his place of residence or domicile to a place outside Germany or if his places of residence or domicile are unknown.
10.2. This EULA and any claims resulting therefrom are subject to German law excluding the international private law provisions and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
10.3. Subsequent modifications and additions of this EULA are only valid when made in writing. The same applies to the amendment of this clause.
10.4 In the event of ambiguities or conflicts between the German and English version of this EULA the German wording shall prevail.
Appendix 1 List of software and application documentation
Appendix 2 Third party license agreements for components of software and application documentation according to Appendix 1
aquila biolabs GmbH
List of software and application documentation
- LIS-Software Setup
- LIS-Software Backend
- LIS-Software Frontend
- firmware binaries (preinstalled on LIS-System devices or deployed as updates)
- LIS user guide
Third party license agreements for components of software and application documentation according to Appendix 1
The following software components are licensed under the terms of the MIT License:
* angular.js (https://github.com/angular/angular.js/blob/master/LICENSE)
* angular-animate.js (https://github.com/angular/bower-angular-animate/blob/master/LICENSE.md)
* angular-ui/router (https://github.com/angular-ui/ui-router/blob/master/LICENSE)
* angular-ui/bootstrap (https://github.com/angular-ui/bootstrap/blob/master/LICENSE)
* angular-resource (https://github.com/components/angular-resource/blob/master/LICENSE)
* bootstrap (https://github.com/twbs/bootstrap/blob/v4.0.0/LICENSE)
The MIT License (MIT)
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.
Some software components of Firmware and Drivers are based on the Atmel Software Framework and are licensed under the following conditions:
Copyright (c) 2013-2017 Atmel Corporation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
– Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
– Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
– The name of Atmel may not be used to endorse or promote products derived from this software without specific prior written permission.
– This software may only be redistributed and used in connection with an Atmel microcontroller product.
THIS SOFTWARE IS PROVIDED BY ATMEL “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL ATMEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Lato Fonts being co-installed with the software are licensed under the following conditions of the SIL Open Font License Version 1.1:
Copyright (c) 2010-2015, Łukasz Dziedzic (email@example.com), with Reserved Font Name Lato.
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
“Font Software” refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
“Reserved Font Name” refers to any names specified as such after the copyright statement(s).
“Original Version” refers to the collection of Font Software components as distributed by the Copyright Holder(s).
“Modified Version” refers to any derivative made by adding to, deleting, or substituting — in part or in whole — any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
“Author” refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
This license becomes null and void if any of the above conditions are not met.
THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
The following software components are licensed under the terms of the Apache License Version 2.0:
* Jetty (https://www.eclipse.org/jetty/licenses.html)
* gson (https://github.com/google/gson/blob/master/LICENSE)
* Maven (http://maven.apache.org/ref/3.0/license.html)
Copyright (c) Microsoft Open Technologies, Inc. http://msopentech.com
Apache License, Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
- Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
- Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
- Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
- Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
- Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
- Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
- Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
- Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
The following software components are licensed under the terms of the COMMON DEVELOPMENT AND DISTRIBUTION LICENSE:
* jersey https://jersey.github.io/license.html
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL – Version 1.1)
1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.
1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. “Executable” means the Covered Software in any form other than Source Code.
1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.
1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. “License” means this document.
1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. “Modifications” means the Source Code and Executable form of any of the following:
- Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
- Any new file that contains any part of the Original Software or previous Modification; or
- Any new file that is contributed or otherwise made available under the terms of this License.
1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
- License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
- Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
- Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
- DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
- U.S. GOVERNMENT END USERS.
The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
- RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
The following software components are licensed under the terms of the BSD 3-Clause “New” or “Revised” License:
* d3.js (https://github.com/d3/d3/blob/master/LICENSE)
Copyright 2010-2017 Mike Bostock
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* rxtx (http://rxtx.qbang.org/wiki/index.php/License)
The original GNU Lesser General Public License Follows.
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