From cf595f35db506a17dcba9f98af38d293c9e6ebfa Mon Sep 17 00:00:00 2001 From: Masahiro Yasuda <72438001+YasudaMasahiro@users.noreply.github.com> Date: Tue, 16 Jan 2024 17:06:40 +0900 Subject: [PATCH] Delete LICENSE.htm --- LICENSE.htm | 2223 --------------------------------------------------- 1 file changed, 2223 deletions(-) delete mode 100644 LICENSE.htm diff --git a/LICENSE.htm b/LICENSE.htm deleted file mode 100644 index 74c989f..0000000 --- a/LICENSE.htm +++ /dev/null @@ -1,2223 +0,0 @@ - - - - - - - - - - - - - - - - - - - - -
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SOFTWARE LICENSE AGREEMENT FOR EVALUATION

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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").

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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.

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BACKGROUND

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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.

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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.

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C.     -As a -condition to NTT's provision of the Software to User, NTT has required User to -execute this Agreement.

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In consideration of these premises, and the mutual -promises and conditions in this Agreement, the parties hereby agree as follows:

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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.

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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.

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3.@Term.  -This Agreement is effective whichever is earlier (i) upon Userfs acceptance of the Agreement, or (ii) upon Userfs 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 Userfs 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.

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4.           Proprietary -Rights

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(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.

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(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.

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(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.

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(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. 

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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.

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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.

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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.

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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.

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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.

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10.         General

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(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.

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(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. 

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(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. 

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(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.

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(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.

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(f)@@  NTT shall -not be liable to the User or to any third party for any delay or failure to -perform NTTfs obligation set forth under this Agreement due to any cause beyond -NTTfs reasonable control.

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EXHIBIT A

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n  Software

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6DoF -SELD Dataset (10.5281/zenodo.10473531)

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6DoF -SELD Software (https://github.com/nttrd-mdlab/6dof-seld)

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n  -OSS List

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No

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License

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OSS

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‚P

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