Kombyne Lite License Agreement

Kombyne™ Lite License Agreements

READ THE TERMS AND CONDITIONS OF THE KOMBYNE™ API AND KOMBYNE™ LITE LICENSE AGREEMENTS (THE “AGREEMENTS”) CAREFULLY BEFORE DOWNLOADING OR USING THESE COMPONENTS (AS DEFINED BELOW).  THERE ARE SEPARATE TERMS FOR THE KOMBYNE™ API AND THE KOMBYNE COMPONENTS.  INTELLIGENT LIGHT AND ILIGHT, INC., PROVIDERS OF THIS INTELLECTUAL PROPERTY ARE REFERRED TO BELOW AS “IL”.

BY ACCESSING THESE ELEMENTS, YOU ACCEPT THE TERMS OF THESE AGREEMENTS.

I. Kombyne™ API License Terms

Copyright © 2021 ILIGHT, INC.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other Components provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS 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.

II. License Terms for Kombyne™ Lite Libraries, Build and Example Materials and Documentation

DEFINITIONS.

1.1. “Licensee” means you, whether an individual or an entity, to whom IL grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Components also complies with such obligations.

1.2. “Licensor” means any person who, or entity which, grants a license to IL to redistribute that person’s or entity’s intellectual property.

1.3. “Third Party” means any person or legal entity that is not IL or the Licensee.

1.4. “Documentation” means the documentation in PDF or HTML forms downloaded directly or within a Kombyne™ Lite download, as well as any training, support or other feedback that IL may provide to Licensee.  Documentation may be delivered in physical or electronic forms, and in one or more languages.

1.5. “Components” means the computer software delivered and licensed hereunder, including Documentation, examples, build materials and error corrections.

2. LICENSE GRANT. IL hereby grants to Licensee, subject to the terms of these Agreements, a nonexclusive, nontransferable, revocable license (the “License”) to use the Components internally.

3. LICENSE RESTRICTIONS. The License is subject to the express restrictions set forth below. Licensee shall not, and shall not permit any Third Party to:

3.1. modify, or create any derivative work of, any part of the licensed Components;

3.2. adapt, translate, copy, or convert all or any part of the Components in order to create software or other products, a primary purpose of which is (a) to perform the same or similar functions as the Components or any other technology or Components licensed by IL, or (b) to replace any element of the Components or any other technology or Components licensed by IL;

3.3. disassemble, decompile, reverse engineer the Components or otherwise attempt to gain access to its method of operation or source code; rent, lease, or loan the Components;

3.4. sell, license, sublicense, publish, display, distribute, disseminate, assign, provide access or otherwise transfer by any means to a Third Party the Components, any copy or portion thereof, or any License or other rights thereto, in whole or in part, without IL’s prior written consent;

3.5. alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in copies of the Components;

3.6. use IL’s name, trade names, logos, or other trademarks of IL or any of its affiliates or Licensors in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any Third Party, except in the form provided by IL solely for purposes of identifying IL’s Components;

3.7. copy, make available for copy, or otherwise reproduce the Components, in whole or in part, except either (a) as may be required for their installation by Licensee for the purpose of executing the Components in accordance with this Agreement; or (b) to make a reasonable number of copies solely for back-up purposes provided that any such permitted copies shall reproduce all notices (copyright, logo, proprietary) contained in the original copy obtained from IL;

3.8. publish the Documentation or place it on an open website.

4. OWNERSHIP OF INTELLECTUAL PROPERTY. The Components shall at all times remain the property of IL and/or its Licensors and Licensee shall have no right, title, or interest therein, except as expressly set forth in this Agreement. IL claims and reserves all rights and benefits afforded under all relevant laws and regulations.  The Components are proprietary information of IL, and are protected by copyright law, trade secret law and other applicable law.

5. LICENSES FOR THIRD PARTY SOFTWARE. Certain Components require the use of Third Party software products that may require a separate license to use them. IL has carefully selected these third party products and reviewed the licenses to ensure that there are no “copy-left”, GPL or LGPL components used within Kombyne™ Lite.

6. TERM AND TERMINATION. This Agreement shall continue until termination by IL or Licensee as provided below. Either party may terminate this Agreement at any time, for any reason, upon written notice to the other party.  Upon termination, Licensee shall written certification of their destruction.

7. EXPORT CONTROL. The Components may be subject to U.S. export control laws or other (U.S. and non-U.S.) governmental export and import laws and regulations. Notwithstanding any other term of this Agreement or Third Party agreement, Licensee’s rights under this Agreement may not be exercised by Licensee or any Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party where doing so would result in such a violation. It shall be Licensee’s responsibility to comply with the latest United States or other governmental export and import regulations.

8. FEDERAL ACQUISITION. This provision applies to all acquisitions of the Components and Documentation by, for, or through the federal government of the United States. By accepting delivery of the Components or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014.  Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Components and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions.  If this License fails to meet the government’s needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Components and Documentation, unused, to IL.

9. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement and its rights and obligations hereunder, in whole or in part, by operation of law or otherwise, without the written consent of IL.

10. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS 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. LICENSEE ACCEPTS RESPONSIBILITY FOR ITS USE OF THE COMPONENTS AND THE RESULTS OBTAINED THEREFROM.

11. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the State of New York, United States of America, without regard to its conflicts of law provisions, and both parties consent to the jurisdiction of the federal and state courts located in said State and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction.  To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by such law, treaty, or regulation.

12. HEADINGS. The inclusion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

13. ENTIRE AGREEMENT. This Agreement, together with the Kombyne API License included with the Components, contains the entire understanding of the parties with regard to the Components, and may not be modified or amended except by written instrument, executed by authorized representatives of IL and Licensee.

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