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Alpha DFINITY Canister SDK License Agreement
Thank you for your interest in the Internet Computer, its infrastructure
platform and its associated software development kit! We are excited for you to
tryout the Alpha DFINITY Canister SDK, its related documentation, APIs, sample
code, and other materials provided to you, and any upgrades, modified versions,
additions, and improvements thereof, if any (collectively, the "DFINITY Canister
SDK") designed to enable software developers to build applications on top of the
Internet Computer.
This Alpha DFINITY Canister SDK License Agreement (the "Agreement") governs your
use of the DFINITY Canister SDK and/or the entity on whose behalf you are
accessing or downloading the DFINITY Canister SDK ("You"). BY DOWNLOADING,
INSTALLING, OR OTHERWISE ACCESSING OR USING THE DFINITY CANISTER SDK, YOU AGREE
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE, YOU MAY NOT USE THE DFINITY CANISTER SDK OR DFINITY MATERIALS.
If you choose to use or access the DFINITY Canister SDK, you and DFINITY
Foundation including its affiliates and subsidiaries (collectively “DFINITY”)
acknowledge and agree as follows:
1. LIMITED LICENSE. Subject to the terms and conditions contained in this
Agreement, DFINITY grants you a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to use the items in the DFINITY Canister
SDK only for the purpose of internal development of application programs
designed to function with the Internet Computer.
2. RESTRICTIONS. You may not (i) copy, redistribute, sell, sublicense, rent,
loan, lease or modify any portion of the DFINITY Canister SDK (any public,
production, commercial, or similar use requires a separate agreement with
DFINITY); (ii) use or implement any undocumented feature of the DFINITY Canister
SDK, or use any documented feature DFINITY Canister SDK other than in accordance
with applicable documentation; (iii) reverse engineer, decompile or disassemble
any portion of the DFINITY Canister SDK (to the extent that local law grants You
the right to decompile software in order to obtain information necessary to
render the software interoperable with other software, You shall first request
to DFINITY in writing to provide You with the necessary information); (iv) use
the DFINITY Canister SDK for any purpose, or use the DFINITY Canister SDK in the
development of any application that is for the purpose of lifesaving, emergency
response, or otherwise for deployment in any circumstance in which failure would
be likely to lead to property damage, environmental damage, personal injury, or
death; or (v) remove any copyright notices included in the DFINITY Canister SDK.
3. APPLICABLE LAWS. You will comply with all applicable laws and regulations
(including without limitation laws and regulations related to export controls)
in connection with Your use of the DFINITY Canister SDK. Without limiting the
generality of the foregoing, you represent and warrant that the DFINITY Canister
SDK will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other
export laws, restrictions or regulations (collectively the "Export Laws"). In
addition, if the DFINITY Canister SDK is identified as export controlled items
under the Export Laws, you represent and warrant that you are not a citizen, or
otherwise located within, an embargoed and that you are not otherwise prohibited
under the Export Laws from receiving the DFINITY Canister SDK. Any use in
violation of this Section is strictly prohibited.
4. RESERVATION OF DFINITY’S RIGHT. The DFINITY Canister SDK is owned by DFINITY
and licensed, not sold, to You. The DFINITY Canister SDK, content, visual
interfaces, interactive features, information, graphics, design, compilation,
computer code, products, services, and all other elements of the DFINITY
Canister SDK and related documentation, are protected by applicable intellectual
property laws. As between you and DFINITY, all DFINITY materials and the DFINITY
Canister SDK, including intellectual property rights therein and thereto, are
the sole and exclusive property of DFINITY or its subsidiaries or affiliated
companies and/or its third-party licensors. DFINITY reserves all rights not
expressly granted in this Agreement. You do not acquire any right, title or
interest to the DFINITY materials or DFINITY Canister SDK, whether by
implication, estoppel, or otherwise, except for the limited rights set forth in
this Agreement.
5. CONFIDENTIALITY. The DFINITY Canister SDK (including as embodied in or
utilized by any application) is the confidential and proprietary information of
DFINITY, and you may not, during the term or thereafter, disclose them to any
third party, or to use them for any purpose other than as expressly provided
herein, without a separate written agreement with DFINITY authorizing you to do
so.
6. FEEDBACK. If you provide DFINITY with any comments, bug reports, feedback,
enhancements, or modifications proposed or suggested by you for the DFINITY
Canister SDK or any services ("Feedback"), such Feedback is provided on a
non-confidential basis, and DFINITY shall have the right to use such Feedback at
its discretion, including, but not limited to the incorporation of such
suggested changes into the DFINITY materials, DFINITY Canister SDK or services.
You hereby grant DFINITY a perpetual, irrevocable, transferable, sublicensable,
nonexclusive license under all rights necessary to so incorporate and use your
Feedback for any purpose, including to make and sell products and services.
7. PRIVACY AND INFORMATION. In order to continually innovate and improve the
DFINITY Canister SDK, DFINITY may collect certain usage statistics from the
software including but not limited to a unique identifier, associated IP
address, version number of the software, and information on which tools and/or
services in the DFINITY Canister SDK are being used and how they are being used.
This collection is turned on by default, but you have the option to opt out. If
you opt out, the information will not be collected. The data collected is
examined in the aggregate to improve the DFINITY Canister SDK and is maintained
in accordance with DFINITY’s Privacy Policy. Notwithstanding the foregoing,
DFINITY does not collect your private keys or any data from which private keys
are derived. TERMS AND TERMINATION. This Agreement will remain in effect until
terminated. The Agreement, and Your rights and licenses hereunder, will
terminate immediately upon your breach of the Agreement. You may terminate the
Agreement by uninstalling and ceasing all use of the DFINITY Canister SDK.
DFINITY may terminate this Agreement at any time for any reason, including
without limitation any actual or suspected misuse or abuse by You of the DFINITY
Canister SDK or any violation of this Agreement. Following any termination of
this Agreement, you must immediately uninstall and cease use of the DFINITY
Canister SDK, and destroy all copies of the DFINITY Canister SDK and any DFINITY
materials in Your possession. Sections 3 through 15 shall survive any
termination of this Agreement.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE DFINITY CANISTER SDK AND
ALL DFINITY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFINITY DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, AND NON-INFRINGEMENT. DFINITY
EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR
FUNCTIONALITY OF THE DFINITY CANISTER SDK, AND WITH RESPECT TO THE ACCURACY,
VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE
DFINITY CANISTER SDK, OR THE QUALITY OR CONSISTENCY OF THE DFINITY CANISTER SDK
OR RESULTS OBTAINED THROUGH ITS USE. UNDER NO CIRCUMSTANCES WILL DFINITY BE
LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES
WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE DFINITY CANISTER SDK
OR DFINITY MATERIALS, EVEN IF DFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. IN NO EVENT WILL DFINITY'S AGGREGATE LIABILITY FOR DAMAGES
ARISING OUT OF THIS AGREEMENT OR THE TERMS EXCEED $100 USD.
9. INDEMNITY. You agree to indemnify, defend and hold DFINITY and its
affiliates, officers, directors, suppliers, licensors, and other customers
harmless from and against any and all liability and costs, including reasonable
attorneys' fees incurred by such parties, in connection with or arising out of
your applications, your use or misuse of the DFINITY Canister SDK, or your
violation of this Agreement, any applicable law or regulation.
10. GOVERNING LAW; VENUE. Any claim relating to the DFINITY Canister SDK shall
be governed by the laws of Switzerland, to the exclusion of the rules on
conflicts of laws. Any claim or dispute related to this Agreement or in relation
to it shall (including for non-contractual disputes or claims and their
interpretation) be subject to the exclusive jurisdiction of the Courts of
Zurich, Switzerland, subject to an appeal at the Swiss Federal Court. You agree
that any dispute is personal to you and DFINITY, and that any dispute shall only
be resolved by an individual litigation and shall not be brought as a class
action, or any other representative proceeding.
11. ENTIRE AGREEMENT AND SEVERABILITY. This Agreement is the entire agreement
between You and DFINITY, and supersedes any and all prior agreements,
negotiations, or other communications between You and DFINITY, whether oral or
written, with respect to the subject matter hereof. DFINITY may make changes to
this Agreement as it distributes new versions of the SDK. When these changes are
made, DFINITY will make a new version of Agreement available where the SDK is
available. In the event that any provision of this Agreement is held to be
invalid or unenforceable, then: (a) such provision shall be deemed reformed to
the extent strictly necessary to render such provision valid and enforceable, or
if not capable of such reformation shall be deemed severed from this Agreement;
and (b) the validity and enforceability of all of the other provisions hereof,
shall in no way be affected or impaired thereby.
12. ASSIGNMENT. You may not assign this Agreement without the prior written
consent of DFINITY, whether expressly or by operation of law, including in
connection with a merger or change of control, and any such attempted assignment
shall be void and of no effect. DFINITY may assign this Agreement without
restriction and without any notice to You. Subject to the foregoing, this
Agreement shall be binding on the parties and their respective successors and
permitted assigns.
13. NO WAIVER. The failure to exercise, or delay in exercising, a right, power
or remedy provided in this Agreement or by law shall not constitute a waiver of
that right, power or remedy. DFINITY 's waiver of any obligation or breach of
this Agreement shall not operate as a waiver of any other obligation or
subsequent breach of the Agreement.
14. ENGLISH VERSION. The English language version of this Agreement shall be the
official and controlling version, and any translation provided is solely for
convenience.
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