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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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