+
+
SOFTWARE LICENSE AGREEMENT FOR EVALUATION
+
+
+
+
This SOFTWARE LICENSE AGREEMENT FOR EVALUATION (this "Agreement")
+is a legal contract between a person who uses or otherwise accesses or installs
+the Software (gUser(s)h), and Nippon Telegraph and Telephone corporation
+("NTT").
+
+
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING
+OR OTHERWISE ACCESSING OR USING NTT'S PROPRIETARY SOFTWARE ACCOMPANIED BY THIS
+AGREEMENT (the "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS
+LICENSED TO USER UNDER THIS AGREEMENT, NOT SOLD TO USER. BY INSTALLING OR
+OTHERWISE ACCESSING OR USING THE SOFTWARE, USER ACKNOWLEDGES THAT USER HAS READ
+THIS AGREEMENT, THAT USER UNDERSTANDS IT, AND THAT USER ACCEPTS AND AGREES TO
+BE BOUND BY ITS TERMS. IF AT ANY TIME USER IS NOT WILLING TO BE BOUND BY THE
+TERMS OF THIS AGREEMENT, USER SHOULD@TERMINATE
+THE INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING
+THE SOFTWARE AND DELETE ANY COPIES USER MAY HAVE. THIS AGREEMENT REPRESENTS THE
+ENTIRE AGREEMENT BETWEEN USER AND NTT CONCERNING THE SOFTWARE.
+
+
+
+
+
+
BACKGROUND
+
+
A.
+NTT is
+the owner of all rights, including all patent rights, copyrights
+and trade secret rights, in and to the Software and related documentation except OSS listed in Exhibit A to
+this Agreement.
+
+
B.
+User
+wishes to obtain a royalty free license to use the Software to enable User to
+evaluate, and NTT wishes to grant such a license to User, pursuant and subject
+to the terms and conditions of this Agreement.
+
+
C.
+As a
+condition to NTT's provision of the Software to User, NTT has required User to
+execute this Agreement.
+
+
In consideration of these premises, and the mutual
+promises and conditions in this Agreement, the parties hereby agree as follows:
+
+
1. Grant
+of Evaluation License. NTT
+hereby grants to User, and User hereby accepts, under the terms and conditions
+of this Agreement, a royalty free, nontransferable and
+nonexclusive license to use the Software internally for the non-commercial purposes
+of testing, analyzing, and evaluating the methods or mechanisms as shown
+in the research paper submitted by NTT to a certain academy or technical
+contest, etc. ("academy"). User may make a
+reasonable number of backup copies of the Software solely for User's internal
+use pursuant to the license granted in this Section 1.
+
+
2.@Shipment
+and Installation. NTT will ship or deliver the Software by any method that NTT
+deems appropriate. User shall be solely responsible for proper installation of
+the Software.
+
+
3.@Term.
+This Agreement is effective whichever is earlier (i) upon Userfs acceptance of the Agreement, or (ii) upon Userfs installing, accessing, and using the Software, even
+if User has not expressly accepted this Agreement. Without
+prejudice to any other rights, NTT may terminate this Agreement without notice to User (i) if User breaches or
+fails to comply with any of the limitations or
+other requirements described herein, and (ii) if NTT receives a notice from the
+academy stating that the research paper would not be published, and in any such case User agrees that NTT may, in addition to any other remedies it
+may have at law or in equity, remotely disable the Software. User may terminate this Agreement at any time
+by Userfs decision to terminate the Agreement to NTT and ceasing use of the Software. Upon any termination
+or expiration of this Agreement for any
+reason, User agrees to uninstall the Software and either
+return to NTT the Software and all copies thereof, or to destroy all such
+materials and provide written verification of such destruction to NTT.
+
+
4. Proprietary
+Rights
+
+
(a) The
+Software is the valuable, confidential, and proprietary property of NTT, and NTT
+shall retain exclusive title to this property both during the term and after
+the termination of this Agreement.
+Without limitation, User acknowledges that all patent rights, copyrights and trade secret rights in the Software except
+OSS shall remain the exclusive property of NTT
+at all times. User shall use not less than reasonable care in safeguarding the
+confidentiality of the Software.
+
+
(b) NTT
+shall not be subject to the obligation of licensing the copyright, patent rights, etc. of
+author when user hope commercial / noncommercial use of the published / provided
+software, etc.
+
+
(c) USER
+SHALL NOT, IN WHOLE OR IN PART, AT ANY TIME DURING THE TERM OF OR AFTER THE
+TERMINATION OF THIS AGREEMENT: (i) SELL, ASSIGN,
+LEASE, DISTRIBUTE, OR OTHERWISE TRANSFER THE SOFTWARE TO ANY THIRD PARTY; (ii)
+EXCEPT AS OTHERWISE PROVIDED HEREIN, COPY OR REPRODUCE THE SOFTWARE IN ANY
+MANNER; (iii) DISCLOSE THE SOFTWARE TO ANY THIRD PARTY, EXCEPT TO USER'S
+EMPLOYEES WHO REQUIRE ACCESS TO THE SOFTWARE FOR THE PURPOSES OF THIS
+AGREEMENT; (iv) MODIFY, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER OR TRANSLATE
+THE SOFTWARE; OR (v) ALLOW ANY PERSON OR ENTITY TO COMMIT ANY OF THE ACTIONS
+DESCRIBED IN (i) THROUGH (iv) ABOVE.
+
+
(d) User
+shall take appropriate action, by instruction, agreement, or otherwise, with
+respect to its employees permitted under this Agreement to have access to the
+Software to ensure that all of User's obligations under this Section 4 shall be
+satisfied.
+
+
5.@ Indemnity. User shall defend, indemnify
+and hold harmless NTT, its agents and employees, from any loss, damage, or
+liability arising in connection with User's improper or unauthorized use of the
+Software. NTT SHALL HAVE THE SOLE RIGHT TO CONDUCT DEFEND ANY ACTTION RELATING TO
+THE SOFTWARE.
+
+
6. Disclaimer. THE SOFTWARE IS LICENSED TO USER
+"AS IS," WITHOUT ANY TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS
+WHATSOEVER ON THE PART OF NTT. NTT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
+ANY TYPE WHATSOEVER, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
+MERCHANTABILITY, OF FITNESS FOR A
+PARTICULAR PURPOSE AND OF NON-INFRINGEMENT
+ON COPYRIGHT OR ANY OTHER RIGHT OF THIRD PARTIES. USER ASSUMES ALL RISKS ASSOCIATED WITH
+ITS USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION RISKS RELATING TO
+QUALITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT.
+
+
7. Limitation
+of Liability. IN NO EVENT SHALL
+NTT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
+INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
+PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR OTHER ECONOMIC LOSS, ARISING
+IN CONNECTION WITH USER'S USE OF OR INABILITY TO USE THE SOFTWARE, IN
+CONNECTION WITH NTT'S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO
+THE SOFTWARE, OR AS A RESULT OF ANY DEFECT IN THE SOFTWARE. THIS DISCLAIMER OF LIABILITY SHALL APPLY
+REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST NTT, WHETHER IN
+CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE. USER'S SOLE REMEDY IN THE EVENT OF ANY
+BREACH OF THIS AGREEMENT BY NTT SHALL BE TERMINATION PURSUANT TO SECTION 3.
+
+
8. No
+Assignment or Sublicense.
+Neither this Agreement nor any right or license under this Agreement,
+nor the Software, may be sublicensed, assigned, or otherwise transferred by User
+without NTT's prior written consent.
+
+
9.@@OSS. The OSS included in the software is
+shown on the "OSS List" in Exhibit A. User shall be subject to the
+license term of each OSS, when User uses the software.
+
+
10. General
+
+
(d) If
+any provision, or part of a provision, of this Agreement is or becomes illegal,
+unenforceable, or invalidated, by operation of law or otherwise, that provision
+or part shall to that extent be deemed omitted, and the remainder of this
+Agreement shall remain in full force and effect.
+
+
(e) This
+Agreement is the complete and exclusive statement of the agreement between the
+parties with respect to the subject matter hereof, and supersedes all written
+and oral contracts, proposals, and other communications between the parties
+relating to that subject matter.
+
+
(f) Subject
+to Section 8, this Agreement shall be
+binding on, and shall inure to the benefit of, the respective successors and
+assigns of NTT and User.
+
+
(g) If
+either party to this Agreement initiates a legal action or proceeding to
+enforce or interpret any part of this Agreement, the prevailing party in such
+action shall be entitled to recover, as an element of the costs of such action
+and not as damages, its attorneys' fees and other costs associated with such
+action or proceeding.
+
+
(h) This Agreement shall be governed by and interpreted
+under the laws of Japan, without
+reference to conflicts of law principles. All disputes arising out of
+or in connection with this Agreement shall be finally settled by arbitration in
+Tokyo in accordance with the Commercial Arbitration Rules of the Japan
+Commercial Arbitration Association.
+The arbitration shall be conducted by three (3) arbitrators and in
+Japanese. The award rendered by the arbitrators shall be final and binding upon
+the parties. Judgment upon the award may be entered in any court having
+jurisdiction thereof.
+
+
(f)@@ NTT shall
+not be liable to the User or to any third party for any delay or failure to
+perform NTTfs obligation set forth under this Agreement due to any cause beyond
+NTTfs reasonable control.
+
+
+
+
+
+
+
EXHIBIT A
+
+
n Software
+
+
6DoF
+SELD Dataset (10.5281/zenodo.10473531)
+
+
6DoF
+SELD Software (https://github.com/nttrd-mdlab/6dof-seld)
+
+
n
+OSS List
+
+
+
+ |
+ No
+ |
+
+ License
+ |
+
+ OSS
+ |
+
+
+ |
+ P
+ |
+
+
+ |
+
+
+ |
+
+
+
+
+
+