Preamble: This Agreement governs the relationship between the party who purchases this licensed version of RapidEars (hereinafter: Licensee) and Politepix UG (haftungsbeschränkt), a duly registered company in Germany whose principal place of business is Paul-Lincke-Ufer 5, Berlin 10999, Germany (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using RapidEars (hereinafter: The Software) created and owned by Licensor, as detailed herein.
License Grant: Licensor hereby grants Licensee a Personal, Assignable, Commercial, Royalty free, Non-exclusive license, Without the rights to create derivative works, all within accordance with the terms and other legal restrictions set forth in this license.
Limited: Licensee may use Software for the purpose of:
Linking the compiled framework code in one (1) standalone binary iOS application of the type that can be downloaded from the iTunes App Store or Cydia for use by endusers (this expressly excludes the following uses: in a framework, as part of an operating system, as a plugin, as part of a web service, as part of a development kit for the creation of applications)
Personal: Licensee may not sublicense, lease, rent or otherwise allow 3rd parties to use the Software, or any portions thereof, other than the portions compiled into the one (1) standalone binary iOS application.
Assignable: Licensee may assign his rights and duties under this license as long as he or she is not in breach of its terms, and as long as the party who Licensee assigns the license accepts the license in full, and provides Licensor with a written confirmation of Assignment on request
Commercial, Royalty Free: Licensee may use Software without any royalties, including if Licensee uses the Software as part of a paid product
With support & maintenance: Licensor shall provide Licensee support and maintenance as follows – 2 email support incidents in the first year
Prohibition on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Software.
Compliance with Applicable Laws: You must comply with all applicable laws regarding use of the Software.
Copyright: With the exception of any included code owned by a third party, as described under “Additional Licenses”, all title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Politepix UG (haftungsbeschränkt). All rights that are Politepix UG (haftungsbeschränkt)’s to grant that are not expressly granted are reserved by Politepix UG (haftungsbeschränkt).
Additional licenses: Portions of the The Software are based on source-code licensed under different licenses, as follows:
The CMU License
Copyright (c) 2012 Carnegie Mellon University. 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 materials provided with the distribution.
This work was supported in part by funding from the Defense Advanced Research Projects Agency and the National Science Foundation of the United States of America, and the CMU Sphinx Speech Consortium.
THIS SOFTWARE IS PROVIDED BY CARNEGIE MELLON UNIVERSITY “AS IS” AND ANY EXPRESSED 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 CARNEGIE MELLON UNIVERSITY NOR ITS EMPLOYEES 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.
RapidEars uses the CMU Sphinx project: http://cmusphinx.sourceforge.net
Term & Termination: The Term of this license shall be until terminated. Licensor terminates this Agreement, including Licensee’s license in the case where:
Licensee was in breach of any of this license’s terms and conditions; or
Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License; or
Licensee assisted others in making use of the Software in breach of the terms and conditions of a licensed copy of the Software.
In such event, Licensee must destroy all copies of the Software in his or her possession. Licensor may take any steps necessary to address any copyright infringement constituted by any continuing distribution of the application linking to the unlicensed framework.
Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor €999. Failure to perform payment or withdrawal of already-made payment after the fact shall construe as material breach of this Agreement.
Support: Software is provided with limited support, as detailed in this license agreement under “License Grant”. Licensor shall provide support via email and on regular business days and hours.
Governing Law, Jurisdiction: This license represents the complete agreement concerning subject matter hereof. If any provision of this license is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full. Law governing the contractual relationships between Politepix UG (haftungsbeschränkt) and the Licensee is the law of Germany. Venue for any and all disputes arising from the contractual relationship between the Licensee and Politepix UG (haftungsbeschränkt) is Berlin, Germany.
POLITEPIX UG (HAFTUNGSBESCHRÄNKT) HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE AND SERVICES OFFERED AND MATERIALS/DELIVERABLES PROVIDED HEREUNDER. POLITEPIX UG (HAFTUNGSBESCHRÄNKT) SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT POLITEPIX UG (HAFTUNGSBESCHRÄNKT) IS NOT GIVING LEGAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE FREEDOM TO USE/OPERATE THE MATERIALS/DELIVERABLES/SOFTWARE HEREUNDER FREE FROM ALLEGATIONS OF INFRINGEMENT OR INFRINGEMENT. LICENSEE MUST SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL FOR SUCH ANALYSES. ALL SERVICES AND MATERIALS/DELIVERABLES ARE PROVIDED “AS IS.” POLITEPIX UG (HAFTUNGSBESCHRÄNKT) SHALL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY AND ALL LOST PROFITS, LOSS OF BUSINESS AND OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. IN NO EVENT SHALL POLITEPIX UG (HAFTUNGSBESCHRÄNKT)’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE, THE SUBJECT MATTER HEREOF, OR THE PROVISION OF SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE TO POLITEPIX UG (HAFTUNGSBESCHRÄNKT) HEREUNDER.
LICENSEE AGREES, AT ITS SOLE EXPENSE, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND POLITEPIX UG (HAFTUNGSBESCHRÄNKT) FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES (INCLUDING ATTORNEY’S FEES AND COURT COSTS), CLAIMS AND/OR LAWSUITS BY THIRD PARTIES AGAINST POLITEPIX UG (HAFTUNGSBESCHRÄNKT), DIRECTLY OR INDIRECTLY SUFFERED BY POLITEPIX UG (HAFTUNGSBESCHRÄNKT), ARISING FROM THE PERFORMANCE OF SERVICES OR THE MATERIALS/DELIVERABLES PROVIDED HEREUNDER.