Third Party Software Licenses for UAV Toolbox The product in this product folder hierarchy contains certain third party software licensed directly to you under the terms below. Use of the product in this product folder hierarchy may require the use of other MathWorks products as described here: http://www.mathworks.com/products/availability/. Please refer to the license file for such required products for additional third party license terms that may apply to your use of the product in this product folder hierarchy. 1. abseil-cpp, Intel Embree, gRPC Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: a.You must give any other recipients of the Work or Derivative Works a copy of this License; and b.You must cause any modified files to carry prominent notices stating that You changed the files; and c.You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and d.If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. 2. VeloView Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright 2013 Velodyne LiDAR Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. 3. Eigen Eigen is licensed under the Mozilla Public License Version 2.0, except for the files noted below. Mozilla Public License Version 2.0 1. Definitions 1.1. “Contributor” means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software. 1.2. “Contributor Version” means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution. 1.3. “Contribution” means Covered Software of a particular Contributor. 1.4. “Covered Software” means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof. 1.5. “Incompatible With Secondary Licenses” means that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License. 1.6. “Executable Form” means any form of the work other than Source Code Form. 1.7. “Larger Work” means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software. 1.8. “License” means this document. 1.9. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License. 1.10. “Modifications” means any of the following: any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or any new file in Source Code Form that contains any Covered Software. 1.11. “Patent Claims” of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version. 1.12. “Secondary License” means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses. 1.13. “Source Code Form” means the form of the work preferred for making modifications. 1.14. “You” (or “Your”) means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. License Grants and Conditions 2.1. Grants Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version. 2.2. Effective Date The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution. 2.3. Limitations on Grant Scope The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor: for any code that a Contributor has removed from Covered Software; or for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or under Patent Claims infringed by Covered Software in the absence of its Contributions. This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4). 2.4. Subsequent Licenses No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3). 2.5. Representation Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License. 2.6. Fair Use This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents. 2.7. Conditions Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1. 3. Responsibilities 3.1. Distribution of Source Form All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form. 3.2. Distribution of Executable Form If You distribute Covered Software in Executable Form then: such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License. 3.3. Distribution of a Larger Work You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s). 3.4. Notices You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies. 3.5. Application of Additional Terms You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction. 4. Inability to Comply Due to Statute or Regulation If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 5. Termination 5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice. 5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate. 5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination. 6. Disclaimer of Warranty Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer. 7. Limitation of Liability Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You. 8. Litigation Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims. 9. Miscellaneous This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor. 10. Versions of the License 10.1. New Versions Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number. 10.2. Effect of New Versions You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward. 10.3. Modified Versions If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License). 10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached. Exhibit A - Source Code Form License Notice This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/. If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice. You may add additional accurate notices of copyright ownership. Exhibit B - “Incompatible With Secondary Licenses” Notice This Source Code Form is “Incompatible With Secondary Licenses”, as defined by the Mozilla Public License, v. 2.0. The Amd.h and SimplicialCholesky_impl.h files are licensed under the following license: GNU LESSER GENERAL PUBLIC LICENSE Version 2.1, February 1999 Copyright (C) 1991, 1999 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. [This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.] Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below. When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things. To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. 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You should have received a copy of the GNU Library General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301, USA. Also add information on how to contact you by electronic and paper mail. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for tweaking knobs) written by James Random Hacker. signature of Ty Coon, 1 April 1990 Ty Coon, President of Vice That's all there is to it! 5. Unreal Engine NVIDIA GAMEWORKS END USER LICENSE AGREEMENT NVIDIA Corporation ("NVIDIA") is willing to license the NVIDIA GameWorks Licensed Software associated with this download and the accompanying documentation, installation routines and support files, sample art files and assets, and supporting utilities to you (hereinafter referred to as “You”, “Your” or “Licensee”) only on the condition that You accept all the terms in this License Agreement ("Agreement"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT. IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING NVIDIA GAMEWORKS LICENSED SOFTWARE. BY CLICKING “ACCEPT” OR DOWNLOADING OR USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS NOT WILLING TO LICENSE THE NVIDIA GAMEWORKS LICENSED SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “ACCEPT”. Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined throughout the Agreement and in Section 12.9. NOW, THEREFORE, in consideration of the obligations made and undertaken, the parties covenant and agree as follows: 1. License Grants. 1.1 License. Subject to the terms and conditions of this Agreement, NVIDIA hereby grants to You a limited, worldwide, personal, non-exclusive, non-assignable, non-transferable, terminable, non-sublicensable (except as provided below) paid-up license to: (a) use, reproduce, display and perform the NVIDIA GameWorks Licensed Software or portions thereof, internally only solely as a reference for understanding the functionality of the NVIDIA GameWorks Licensed Software and for purposes of developing and integrating such NVIDIA GameWorks Licensed Software into Demos, Expansion Packs, Games and/or other applications, for purposes of distribution as set forth in (c) below; (b) modify those portions of the NVIDIA GameWorks Licensed Software that are provided in Source Code form solely (i) for purposes of compiling or integrating the same or portions thereof as Object Code into Games, Expansion Packs, Demos and other applications related to same, or (ii) to correct any bugs or errors that You may identify in the NVIDIA GameWorks Licensed Software, each as subject to the further source code modification requirements as set forth below; (c) distribute the NVIDIA GameWorks Licensed Software (including Source Code Modifications that You make thereto) to third parties who are otherwise separately licensed by NVIDIA to use such NVIDIA GameWorks Licensed Software and have rights under its license to the same version of the NVIDIA GameWorks Licensed Software that You are distributing, such licensees having the license rights to such distributed Software as outlined in this Section 1.1 herein and for no other purpose; and (d) reproduce and distribute the NVIDIA GameWorks Licensed Software, in Object Code form only, solely as integrated into inseparable Games, Expansion Packs, Demos and other applications on the Windows, Linux, OSX, iOS and Android platforms (the “Authorized Platforms”) developed by You that incorporate the NVIDIA GameWorks Licensed Software, subject to certain license procedures for distribution of Games, Demos and other applications (including, for PC-based titles, through use of a end user license agreement which explicitly disclaims any representations, warranties, conditions, and liabilities related to the NVIDIA GameWorks Licensed Software), either by You or through Distributors (subject to and as further detailed in Section 1.2 below). For the avoidance of doubt, Your license rights under this Section 1.1(d) do not extend to platforms other than the Authorized Platforms; use of the NVIDIA GameWorks Licensed Software with platforms other than the Authorized Platforms requires entering into a separate commercial license agreement with NVIDIA. You are required to notify NVIDIA prior to use of the NVIDIA GameWorks Licensed Software in the development of any commercial Game, Expansion Pack or Demo. Please send notification by email to: gameworkslicensing@nvidia.com and provide the following information in the email: - Company Name - Publisher and Developer Name - Game Title or Application Name - Platform (i.e. PC, Linux) - Scheduled Ship Date - WebLink to product/video Failure to notify NVIDIA pursuant to this Section and failure to provide attribution pursuant to Section 1.3 and Section 5 shall be considered a material breach of this Agreement. For the avoidance of doubt, no license is granted under this Agreement to integrate, embed or distribute the Source Code of the NVIDIA GameWorks Licensed Software with Games, Expansion Packs, Demos and other applications, or to distribute any part of the Object Code or Derivative Object Code of NVIDIA GameWorks Licensed Software in stand-alone form (or provide functionality allowing for the creation of standalone products utilizing the NVIDIA GameWorks Licensed Software components). In order to protect the integrity of the NVIDIA GameWorks Licensed Software, You agree to the following with respect to modifications to the Source Code of the NVIDIA GameWorks Licensed Software (“Source Code Modifications”): (i) You shall promptly notify NVIDIA of any proposed Source Code Modifications made in order to correct bugs or errors, including a detailed description of the bug or error that necessitated such modifications, and, upon NVIDIA’s request, disclose such Source Code Modifications to NVIDIA; and (ii) You may otherwise make Source Code Modifications to the NVIDIA GameWorks Licensed Software, provided that You must use best commercial efforts to not decrease the performance of the NVIDIA GameWorks Licensed Software as incorporated into Games, Demos, Expansion Packs and other applications as compared to incorporation of such NVIDIA GameWorks Licensed Software in absence of such Source Code Modifications. Any compilation of Source Code Modifications into Object Code form by You is subject to the foregoing requirements. The Source Code Modifications in Object Code form and Source Code form will be further subject to the licenses granted in Section 1.1(a)-(d), and You may use Source Code Modifications solely as set forth in those licenses. Any Source Code Modifications will be owned by NVIDIA, and You assign to NVIDIA all right, title and interest in and to same. You may not allow access to, provide or distribute the NVIDIA GameWorks Licensed Software or Derivative Works thereof (including any Source Code Modifications made by or for You) in Source Code form to any third party except under the license rights set forth in Section 1.1(c) above. 1.2 Distributors. You agree that any rights of Distributors to distribute Games, Demos and other applications will only be granted pursuant to a written agreement that (a) is at least as protective as the terms used by You to protect its own proprietary software, and (b) provides no lesser protection for the NVIDIA GameWorks Licensed Software than the terms of this Agreement (including, at minimum, the restrictions set forth in Section 1.3). You will be fully responsible for the performance of such Distributors in accordance with this Agreement and applicable law. You will take prompt and commercially reasonable action at its expense to remedy any breach by its Distributors of duties specified in this Agreement or violation of applicable law, including terminating such Distributors' rights with respect to the NVIDIA GameWorks Licensed Software. You will notify NVIDIA in writing of any action by a Distributor that gives rise to a breach of this Agreement and specify the corrective action taken. The execution of these duties by You will not preclude NVIDIA from also taking corrective action. 1.3 Restrictions. You will reproduce faithfully, and will require Your Distributors to reproduce faithfully, all of NVIDIA's and its licensors' copyright and proprietary notices on any copies You and its Distributors make of the NVIDIA GameWorks Licensed Software, whether in Demos, Games or other applications. At minimum, You will acknowledge the copyrights of NVIDIA as follows in the manual (if any) and in-game credits of any Game or Demo that uses NVIDIA GameWorks Licensed Software or portions thereof (e.g. VisualFX SDK, ...). "NVIDIA GameWorks™ Technology provided under license from NVIDIA Corporation. Copyright © 2002-2015 NVIDIA Corporation. All rights reserved." or such other similar statement as NVIDIA may reasonably require from time to time. You agree that it will not: (a) copy, modify, translate or otherwise create any Derivative Works of any of the NVIDIA GameWorks Licensed Software, except as expressly permitted in this Agreement; (b) remove, alter, cover or obscure any proprietary notice that appears on or with the NVIDIA GameWorks Licensed Software or any copies thereof; (c) use the NVIDIA GameWorks Licensed Software or any Derivative Works thereof, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (d) distribute, permit access to, or sublicense the NVIDIA GameWorks Licensed Software or any Derivative Works thereof as a stand-alone product or without substantial value-added content or (e) use the NVIDIA GameWorks Licensed Software in any manner that would cause the NVIDIA GameWorks Licensed Software to become subject to an Open Source License. "Open Source License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the NVIDIA GameWorks Licensed Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge. 1.4 Third Party Software. The NVIDIA GameWorks Licensed Software may contain third party software components. If such third party software has separate software license or attribution requirements, the license terms or other attribution requirements for such components can be found in the applicable header files. By entering into this Agreement and using such third party software, you are accepting the terms of such licenses. In such case, the third party software terms will govern your use of the third party software, and will take precedence over the terms of the Agreement for the third party software. You agree that the owners of the third party software are intended third party beneficiaries to this Agreement in relation to your uses of third party software. 2. Feedback and Bug Reports. If You provide NVIDIA information, suggestions and feedback regarding the design or performance of the NVIDIA GameWorks Licensed Software (including the reporting of bugs or errors through the relevant GitHub site) (collectively, "Feedback"), You agree that NVIDIA is free to use such Feedback however it chooses, including the unrestricted and irrevocable right to use, in NVIDIA's sole discretion, as incorporated into its products, services and business. If You experience any bugs or failures relating to the NVIDIA GameWorks Licensed Software, You will immediately notify NVIDIA of such bugs or failures through GitHub PhysX Issues. You hereby assign to NVIDIA all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Feedback for all current and future methods and forms of exploitation in any country. If any such rights are not effectively assigned under applicable law, You hereby grant NVIDIA a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make Derivative Works based on, and otherwise exploit that Feedback for all current and future methods and forms of exploitation in any country. If any such rights may not be assigned or licensed under applicable law (such as moral and other personal rights), You hereby waive and agree not to assert all such rights. However, You may continue to freely use any Feedback that you provide to NVIDIA. You understand and agree that NVIDIA is not required to make any use of any Feedback that you provide. 3. Support. NVIDIA does not have any support or update obligations with respect to the NVIDIA GameWorks Licensed Software under this Agreement. 4. Platform Licenses. You represent and warrant that You have executed all necessary licenses with console hardware manufacturers or other entities for the platforms for which Games, Demos or other applications are developed. 5. Marketing and Promotion. 5.1 Marketing Activities. The parties will engage in marketing activities as follows: (a). Identification by You. During the Term, and subject to the terms and conditions of this Agreement, NVIDIA agrees that You may identify NVIDIA on its websites, printed collateral, trade-show displays and other retail packaging materials, as an individual or company that supports the Game, provided that all such references to NVIDIA will be subject to NVIDIA's prior review and written approval, which will not be unreasonably withheld or delayed. (b). NVIDIA Trademark Placement in Games, Demos and other applications. For Games, Demos and other applications that incorporate NVIDIA GameWorks™ or portions thereof, the NVIDIA logo must appear, on splash screens and on the back cover of the instruction manual, if applicable, or similar placement in an electronic file, at least in parity with other technology providers and IHV partners. (c). Marketing and Promotion by You. You will include a reference to NVIDIA GameWorks™ and NVIDIA in any of Your press releases for such Game that relate to NVIDIA, and will identify NVIDIA as the provider of “NVIDIA GameWorks™” (or such other term or phrase as indicated by NVIDIA from time to time). (d). Identification by NVIDIA. Subject to the terms and conditions of this Agreement, You agree that NVIDIA may identify You, on NVIDIA's website, printed collateral, trade-show displays and other retail packaging materials, as an individual or entity that produces products and/or services which incorporate the NVIDIA GameWorks Licensed Software. To the extent that You provide NVIDIA with input or usage requests with regard to the use of Licensee logo or materials, NVIDIA will use commercially reasonable efforts to comply with such requests. For the avoidance of doubt, NVIDIA’s rights pursuant to this Section 5.1(d) shall survive any cancellation or termination of the Agreement with respect to existing products and/or services which incorporate the NVIDIA GameWorks Licensed Software. (e). Game/Demo-related Marketing Material. You permit NVIDIA to create and display self-promotional demo materials and use screenshot materials that capture game assets from real-time game play, captured video clips and images from the Game, after release of the Game to the public, and Licensee may also provide NVIDIA with screenshots / imagery and video footage of the Game/Demo representative of Licensee’s use of the NVIDIA GameWorks Licensed Software in the Game (collectively, “Assets”). Licensee hereby grants to NVIDIA the right to distribute, sub-license, and use the Assets in order to promote and market the NVIDIA GameWorks Licensed Software. To the extent that You provide NVIDIA with input or usage requests with regard to the use of Licensee logo or materials, NVIDIA will use commercially reasonable efforts to comply with such requests. For the avoidance of doubt, NVIDIA’s rights pursuant to this Section 5.1(e) shall survive any cancellation or termination of the Agreement with respect to Games, Demos and other applications which incorporate the NVIDIA GameWorks Licensed Software. 5.2 Records and Audits. You agree to keep accurate books and records related to your use of the NVIDIA GameWorks Licensed Software, including the development, manufacture, distribution, and sale of Games, Expansion Packs, Demos, and other applications containing the NVIDIA GameWorks Licensed Software. NVIDIA will have the right, upon reasonable notice, during regular business hours, through one or more legal, accounting, or technical third-party auditors, which auditors will be bound by a confidentiality agreement equally as protective as the confidentiality provisions in this Agreement, to inspect Your records: (a) to verify that use and distribution of NVIDIA GameWorks Licensed Software by You is consistent with the material terms of this Agreement; and (b) to ensure Your compliance with this Agreement. You will comply with all reasonable requests made in such inspection, including making the appropriate personnel available to answer questions and provide copies of relevant records. The expense of such audit will be borne by NVIDIA. 6. Intellectual Property Rights. 6.1 Ownership by NVIDIA. NVIDIA and its licensors are the exclusive owners of and hold all right, title and interest in and to the NVIDIA GameWorks Licensed Software, and all portions of any Derivative Works thereof that consist of such NVIDIA GameWorks Licensed Software, and all Confidential Information that NVIDIA provides to You under this Agreement, including all Intellectual Property Rights in same. In the event that You make any modifications to the Source Code of the NVIDIA GameWorks Licensed Software pursuant to Section 1.1 above, You agree to assign, and hereby do assign to NVIDIA, Your entire right, title, and interest in and to such modifications including all Intellectual Property Rights therein. You will take all reasonably requested further actions and execute all documents reasonably necessary to perfect NVIDIA's interests. 6.2 Ownership by You. Subject to the rights of NVIDIA and its licensors in Section 6.1 above, You are the exclusive owner of and hold all right, title and interest in and to the Games, Demos, other applications and Derivative Works thereof, including all Intellectual Property Rights therein. 6.3 Reservation of Rights. NVIDIA and its licensors reserve all rights not expressly granted to You hereunder with respect to the NVIDIA GameWorks Licensed Software and those portions of any Derivative Works thereof that consist of NVIDIA GameWorks Licensed Software, and all Intellectual Property Rights associated therewith. 7. Trademarks. 7.1 Ownership of Trademarks. Each party owns the trademarks, logos and trade names (collectively "Marks") for their respective products and/or services, including the Games, Demos, other applications and the NVIDIA GameWorks Licensed Software. Each party agrees to use the Marks and logos of the other only as permitted in this Agreement. 7.2 Trademark License to NVIDIA. For the Term, You grant to NVIDIA a non-exclusive, non-sub licensable, non-transferable (except as set forth in Section 12.1), worldwide license to refer to You and Your Demo(s) and Game(s), and to use Your Marks on NVIDIA's marketing materials and on NVIDIA's website (subject to any reasonable conditions of You) solely for NVIDIA’s marketing activities set forth in Section 5.1(d)-(e) above and otherwise in accordance with Section 5 above. NVIDIA will follow Your specifications for Your Marks as to style, color and typeface as reasonably provided to NVIDIA. 7.3 Trademark License to You. For the Term, NVIDIA grants to You a non-exclusive, non-sub licensable, non-transferable (except as set forth in Section 12.1), worldwide license to refer to the NVIDIA Marks listed in the "NVIDIA Trademark and Guidelines" section below, to use such NVIDIA Marks on Your marketing materials and on Your website (subject to any reasonable conditions of NVIDIA) solely for Your marketing activities set forth in Section 5.1(a)-(c) above. Any such use must be in accordance with Section 5 above and is subject to compliance with the additional trademark use terms set forth in the "NVIDIA Trademark and Guidelines" section below. For the avoidance of doubt, You will not and will not permit others to use any NVIDIA Mark in a way that tarnishes, degrades, disparages or reflects adversely any of the NVIDIA Marks or NVIDIA’s business or reputation, or that dilutes or otherwise harms the value, reputation or distinctiveness of or NVIDIA’s goodwill in any NVIDIA Mark. In addition to the termination rights set forth in Section 11, NVIDIA may immediately terminate this trademark license if You or, if applicable, subcontractors, fail to comply with the NVIDIA's trademark terms and conditions or otherwise fail to comply with the NVIDIA's directions about the use of the marks. You will follow NVIDIA's specifications for NVIDIA's Marks as to style, color and typeface and submit a sample of each proposed use of NVIDIA's Marks at least a one (1) weeks prior to the desired implementation of such use to obtain NVIDIA's prior written approval (which approval will not be unreasonably withheld or delayed). If NVIDIA does not respond within ten (10) business days of Your submission of such sample, the sample will be deemed unapproved. 8. Confidentiality. 8.1 Obligations. Each party ("Receiving Party") agrees that all Confidential Information (whether oral, written or digital) it obtains from the other party ("Disclosing Party") in connection with this Agreement (whether before or after the Effective Date), is the Confidential Information of the Disclosing Party. The Receiving Party agrees to (a) keep the Disclosing Party's Confidential Information confidential and not disclose the Disclosing Party's Confidential Information to any third party without the prior written consent of the Disclosing Party; (b) use the Disclosing Party's Confidential Information only as necessary to perform its obligations under this Agreement; (c) use at least the same degree of care in keeping the Disclosing Party's Confidential Information confidential as it uses for its own Confidential Information of a similar nature, but will in no event use less than reasonable care; and (d) limit access to the Disclosing Party's Confidential Information to its employees and contractors who have a need to know for the purposes of this Agreement, subject to such employees being bound in writing by confidentiality obligations that are at least as protective of Discloser's rights as specified in this Agreement. The Receiving Party agrees to notify the Disclosing Party in writing of any misuse, unauthorized disclosure or misappropriation of the Disclosing Party's Confidential Information immediately after the Receiving Party becomes aware of any such misuse, unauthorized disclosure or misappropriation. Nothing in this Agreement will affect any obligation of either party to maintain the confidentiality of a third party’s confidential information. 8.2 Exceptions. The Receiving Party will not be obligated under this Section 8 with respect to any information the Receiving Party can document (a) now or later becomes generally available to the public without fault of the Receiving Party; (b) is rightfully in Receiving Party's possession without obligation of confidentiality prior to its disclosure by the Disclosing Party; (c) is independently developed by Receiving Party without the use of any Confidential Information of Disclosing Party; (d) is obtained by Receiving Party without obligation of confidentiality or restrictions on use from a third party who has the right to so disclose it. The Receiving Party may use or disclose the Disclosing Party's Confidential Information to the extent such use or disclosure is reasonably necessary to comply with a judicial body or applicable governmental regulations or authority or court order; provided that the Receiving Party provides reasonable advance written notice to the Disclosing Party of any such disclosure and uses its reasonable efforts to cooperate with the Disclosing Party to secure confidential treatment or obtain a protective order in connection with the Disclosing Party's Confidential Information prior to its disclosure (whether through protective orders or otherwise) and discloses only the minimum amount of information necessary to comply with such requirements. 9. Warranty and Disclaimer. 9.1 DISCLAIMER OF WARRANTIES. THE NVIDIA GAMEWORKS LICENSED SOFTWARE IS PROVIDED TO YOU BY NVIDIA (AND ITS SUPPLIERS/LICENSORS, IF ANY) “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NVIDIA (AND ITS SUPPLIERS/LICENSORS, IF ANY) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF TITLE OR, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (EVEN IF ON NOTICE OF SUCH PURPOSE), NON-INFRINGEMENT, CUSTOM OR USAGE IN THE TRADE. 10. Limitation of Liability. NVIDIA WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (B) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (C) COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, TECHNOLOGY, GOODS OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). The parties acknowledge and agree that the exclusions and limitations of liability contained herein reflect the allocations of risk and benefits between the parties and the Fees paid for the NVIDIA GameWorks Licensed Software and associated rights hereunder, and accordingly are reasonable and appropriate in the circumstances. 11. Term and Termination. 11.1 Term and Termination. This Agreement will commence on the Effective Date and will remain in full force until earlier terminated as described below (the “Term”).This Agreement may be terminated by NVIDIA immediately upon written notice if You breach any material provision of this Agreement and fail to cure such breach within thirty (30) days (after receiving written notice from the non-breaching party describing such breach. If You commence or participate in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate this Agreement. 11.2 Effect of Termination. Upon termination of this Agreement, the licenses granted herein will terminate, except such licenses will survive indefinitely with respect to Games, Expansion Packs, Demos, and other applications (a) released prior to the effective date of expiration or termination and/or (b) documented as being in development prior to the expiration or termination date, each subject to compliance with all terms and conditions of this Agreement related to such licenses, but for no other purpose. In the event of a second uncured material breach, all licenses will terminate. Except for such Confidential Information which must be retained in order to exercise any surviving license rights, each party will return to the other party or destroy, as requested by the Disclosing Party, the original and all copies of any Confidential Information of the Disclosing Party (including, in the case of You, any NVIDIA GameWorks Licensed Software), and any summaries, analyses, studies or notes thereon and, at the Disclosing Party’s request, having the Receiving Party certify in writing that it has complied with these obligations. 11.3 Survival. Sections 2, 4, 5.2, 5.3, 6, 8, 9, 10, 11.2, 11.3, and 12 of this Agreement, and any other section which by their nature should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement for the time periods stated therein, and if no period is stated, indefinitely. 12. Miscellaneous. 12.1 Assignment. This Agreement and the rights and obligations hereunder may be assigned by You only with the prior written consent of NVIDIA. NVIDIA may, without Your consent, assign, transfer, charge or subcontract this Agreement and its rights and obligations hereunder. This Agreement will be binding on, inure to the benefit of, and be enforceable by the parties and their respective heirs, successors and permitted assigns. 12.2 Amendment and Waiver. Except as otherwise expressly provided herein, any provision of this Agreement may be amended and the observance of any provision of this Agreement may be waived only with the written consent of the parties. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. 12.3 Export Law. The products and technical data delivered under this Agreement may be subject to United States export control laws and may be subject to export or import regulations in other countries. Each party agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain all applicable licenses for its export, re-export, or import of any products containing the NVIDIA GameWorks Licensed Software. 12.4 Governing Law. This Agreement will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. 12.5 Dispute Resolution. NVIDIA and You will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and in the spirit of mutual cooperation. 12.6 Notices. 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Neither party will be liable hereunder for any delay or failure in performance caused by an event of force majeure (that is, circumstances beyond the reasonable control of the affected party, including acts of God, fire, flood, war, earthquake, environmental conditions, governmental action, acts of civil or military authority, riots, wars, sabotage, strikes, compliance with laws or regulations, strikes, lockouts or other serious labor disputes, or shortage of or inability to obtain material or equipment) for so long as such event of force majeure continues in effect. In no case will force majeure apply to any duty to make payment hereunder. 12.10 Definitions. As used in this Agreement, unless expressly stated otherwise, references to (a) "including" or "includes" means "including, (or "includes") without limitation," and (b) "or" means "either or both." Unless otherwise specified, all references in this Agreement to "Sections," "Exhibits," or "Appendices" are references to the corresponding sections, exhibits and appendices in this Agreement. All monetary values set forth in this Agreement refer to United States dollars unless otherwise clearly stated. The terms "buy," "purchase," "sale," "sell" and other similar terms, when used in connection with the distribution of the NVIDIA GameWorks Licensed Software, mean the granting of a license or sublicense and will not be deemed for any purpose to mean a transfer of title or other rights of ownership in the NVIDIA GameWorks Licensed Software. Capitalized terms in plural or singular form used in this Agreement and not otherwise defined have the meanings set forth in this Section 12.10. (a) "NVIDIA GameWorks Licensed Software" means collectively the software modules associated with this download, in Source Code and/or Object Code form as applicable, and any accompanying Documentation. All references to Your use of NVIDIA GameWorks Licensed Software refer to Object Code forms thereof unless Source Code is specifically stated. (b) "Confidential Information" means the terms of this Agreement, any business, marketing, pricing, research and development, technical, scientific, financial status, proposed new products or other information disclosed by a party which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information includes, without limitation, (a) the NVIDIA GameWorks Licensed Software, whether alone or as contained in Derivative Works thereof, including, without limitation, any associated Source Code; (b) NVIDIA’s technology, ideas, know-how, documentation, processes, algorithms and trade secrets embodied in the NVIDIA GameWorks Licensed Software; and (c) any other information designated as “Confidential Information” elsewhere in this Agreement. (c) “Demo” means any current or future demonstration excerpt of a Game created to display the functionality of such Game and is not licensed for a fee. (d) “Derivative Work(s)” means works that are based upon one or more pre-existing works, such as (a) for copyrightable or copyrighted material, any translation, porting, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment, revision or other form in which such material may be recast, transformed, or adapted; (b) for patentable or patented material, any improvement thereon; and (c) for material that is protected by trade secret, any new material derived from such existing trade secret material, including new material that may be protected by any of copyright, mask work right, patent, and trade secret. (e) “Distributor(s)” means retail publishers, OEMs or other distributors or intermediaries who are responsible for distributing Games, at multiple levels and via multiple channels. (f) “Documentation” means user manuals, reference manuals, instructions and/or installation guides, or portions thereof, in printed or electronic form, which NVIDIA provides to You for use with the NVIDIA GameWorks Licensed Software. (g) “Expansion Pack(s)”means a modification, upgrade, addition, update, or enhancement to a Game released subsequent to the release of the Game, which expands the Game’s content or interactive capabilities; provided that such modification, upgrade or addition requires the underlying Game to be installed in order for such modification, upgrade or addition to be playable. (h) “Game(s)” means any current or future interactive software entertainment product developed and marketed or published by or on behalf of and marketed by You and/or Your Distributors that contains NVIDIA GameWorks™ Technology Library or portions thereof and related Expansion Packs, for any console or platform version, whether now known or hereafter devised (e.g., PC, PlayStation 3 (including PlayStation Home and PlayStation Network), Xbox™ 360) of a software entertainment product (including different versions of the same product for various distribution regions and/or languages) will constitute a separate Game for purposes of License Fees hereunder. Sequels of existing Games will each constitute separate Games; however, Expansion Packs, compendiums, and collector’s editions are not separate Games. 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(k) “Source Code” means computer programming code in human readable form that is not suitable for machine execution without the intervening steps of interpretation and compilation. (l) “Source Code Modifications” means any modifications to the Source Code for the NVIDIA GameWorks Licensed Software that are developed by You under Section 1.1. 12.11 Entire Agreement. This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of this Agreement and all past dealing or industry custom. NVIDIA TRADEMARKS AND GUIDELINES NVIDIA Corporation Trademark License Terms Terms with initial capitalization not defined herein are defined as set forth in the Agreement. Each party licensing the other party’s Marks is a “Mark Licensee” hereunder, and each owner of Marks hereunder is an “Owner.” 1. Marks. The Marks are: For NVIDIA (“NVIDIA Marks”): NVIDIA® PhysX® NVIDIA® GameWorks™ For Company (“Company Marks”): To be provided by Company 2. Use of Marks. 2.1 The Company products with which the NVIDIA Marks may be used are those with which the NVIDIA GameWorks Licensed Software may be used, as specified in the Agreement (“Company Products”). NVIDIA’s use of Company Marks is as specified in the Agreement and Exhibit C (“Game Developer Program”). Company agrees that it will not make use of NVIDIA Marks in relation to any goods or services other than the Company Products, and advertising and promotional materials in support of such Company Products. NVIDIA agrees that it will not make use of Company Marks except as permitted in the Agreement. 2.2 Nothing herein will imply ownership of Marks different than that set out in the Agreement. 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To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA Also add information on how to contact you by electronic and paper mail. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for tweaking knobs) written by James Random Hacker. , 1 April 1990 7. OpenStreetMap Data ## ODC Open Database License (ODbL) ### Preamble The Open Database License (ODbL) is a license agreement intended to allow users to freely share, modify, and use this Database while maintaining this same freedom for others. Many databases are covered by copyright, and therefore this document licenses these rights. Some jurisdictions, mainly in the European Union, have specific rights that cover databases, and so the ODbL addresses these rights, too. Finally, the ODbL is also an agreement in contract for users of this Database to act in certain ways in return for accessing this Database. Databases can contain a wide variety of types of content (images, audiovisual material, and sounds all in the same database, for example), and so the ODbL only governs the rights over the Database, and not the contents of the Database individually. Licensors should use the ODbL together with another license for the contents, if the contents have a single set of rights that uniformly covers all of the contents. If the contents have multiple sets of different rights, Licensors should describe what rights govern what contents together in the individual record or in some other way that clarifies what rights apply. Sometimes the contents of a database, or the database itself, can be covered by other rights not addressed here (such as private contracts, trade mark over the name, or privacy rights / data protection rights over information in the contents), and so you are advised that you may have to consult other documents or clear other rights before doing activities not covered by this License. ------ The Licensor (as defined below) and You (as defined below) agree as follows: ### 1.0 Definitions of Capitalised Words "Collective Database" – Means this Database in unmodified form as part of a collection of independent databases in themselves that together are assembled into a collective whole. A work that constitutes a Collective Database will not be considered a Derivative Database. "Convey" – As a verb, means Using the Database, a Derivative Database, or the Database as part of a Collective Database in any way that enables a Person to make or receive copies of the Database or a Derivative Database. Conveying does not include interaction with a user through a computer network, or creating and Using a Produced Work, where no transfer of a copy of the Database or a Derivative Database occurs. "Contents" – The contents of this Database, which includes the information, independent works, or other material collected into the Database. For example, the contents of the Database could be factual data or works such as images, audiovisual material, text, or sounds. "Database" – A collection of material (the Contents) arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this License. "Database Directive" – Means Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended or succeeded. "Database Right" – Means rights resulting from the Chapter III ("sui generis") rights in the Database Directive (as amended and as transposed by member states), which includes the Extraction and Re-utilisation of the whole or a Substantial part of the Contents, as well as any similar rights available in the relevant jurisdiction under Section 10.4. "Derivative Database" – Means a database based upon the Database, and includes any translation, adaptation, arrangement, modification, or any other alteration of the Database or of a Substantial part of the Contents. This includes, but is not limited to, Extracting or Re-utilising the whole or a Substantial part of the Contents in a new Database. 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"You" – Means a Person exercising rights under this License who has not previously violated the terms of this License with respect to the Database, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. Words in the singular include the plural and vice versa. ### 2.0 What this License covers 2.1. Legal effect of this document. This License is: a. A license of applicable copyright and neighbouring rights; b. A license of the Database Right; and c. An agreement in contract between You and the Licensor. 2.2 Legal rights covered. This License covers the legal rights in the Database, including: a. Copyright. Any copyright or neighbouring rights in the Database. The copyright licensed includes any individual elements of the Database, but does not cover the copyright over the Contents independent of this Database. See Section 2.4 for details. Copyright law varies between jurisdictions, but is likely to cover: the Database model or schema, which is the structure, arrangement, and organisation of the Database, and can also include the Database tables and table indexes; the data entry and output sheets; and the Field names of Contents stored in the Database; b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation of the whole or a Substantial part of the Contents. Database Rights can apply even when there is no copyright over the Database. Database Rights can also apply when the Contents are removed from the Database and are selected and arranged in a way that would not infringe any applicable copyright; and c. Contract. This is an agreement between You and the Licensor for access to the Database. In return you agree to certain conditions of use on this access as outlined in this License. 2.3 Rights not covered. a. This License does not apply to computer programs used in the making or operation of the Database; b. This License does not cover any patents over the Contents or the Database; and c. This License does not cover any trademarks associated with the Database. 2.4 Relationship to Contents in the Database. The individual items of the Contents contained in this Database may be covered by other rights, including copyright, patent, data protection, privacy, or personality rights, and this License does not cover any rights (other than Database Rights or in contract) in individual Contents contained in the Database. For example, if used on a Database of images (the Contents), this License would not apply to copyright over individual images, which could have their own separate licenses, or one single license covering all of the rights over the images. ### 3.0 Rights granted 3.1 Subject to the terms and conditions of this License, the Licensor grants to You a worldwide, royalty-free, non-exclusive, terminable (but only under Section 9) license to Use the Database for the duration of any applicable copyright and Database Rights. These rights explicitly include commercial use, and do not exclude any field of endeavour. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future. The rights granted cover, for example: a. Extraction and Re-utilisation of the whole or a Substantial part of the Contents; b. Creation of Derivative Databases; c. Creation of Collective Databases; d. Creation of temporary or permanent reproductions by any means and in any form, in whole or in part, including of any Derivative Databases or as a part of Collective Databases; and e. Distribution, communication, display, lending, making available, or performance to the public by any means and in any form, in whole or in part, including of any Derivative Database or as a part of Collective Databases. 3.2 Compulsory license schemes. For the avoidance of doubt: a. Non-waivable compulsory license schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; b. Waivable compulsory license schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and, c. Voluntary license schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License. 3.3 The right to release the Database under different terms, or to stop distributing or making available the Database, is reserved. Note that this Database may be multiple-licensed, and so You may have the choice of using alternative licenses for this Database. 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If it is not possible to put the required notices in a particular file due to its structure, then You must include the notices in a location (such as a relevant directory) where users would be likely to look for it. 4.3 Notice for using output (Contents). Creating and Using a Produced Work does not require the notice in Section 4.2. However, if you Publicly Use a Produced Work, You must include a notice associated with the Produced Work reasonably calculated to make any Person that uses, views, accesses, interacts with, or is otherwise exposed to the Produced Work aware that Content was obtained from the Database, Derivative Database, or the Database as part of a Collective Database, and that it is available under this License. a. Example notice. The following text will satisfy notice under Section 4.3: Contains information from DATABASE NAME, which is made available here under the Open Database License (ODbL). DATABASE NAME should be replaced with the name of the Database and a hyperlink to the URI of the Database. "Open Database License" should contain a hyperlink to the URI of the text of this License. If hyperlinks are not possible, You should include the plain text of the required URI's with the above notice. 4.4 Share alike. a. Any Derivative Database that You Publicly Use must be only under the terms of: i. This License; ii. A later version of this License similar in spirit to this License; or iii. A compatible license. If You license the Derivative Database under one of the licenses mentioned in (iii), You must comply with the terms of that license. b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or a Substantial part of the Contents into a new database is a Derivative Database and must comply with Section 4.4. c. Derivative Databases and Produced Works. A Derivative Database is Publicly Used and so must comply with Section 4.4. if a Produced Work created from the Derivative Database is Publicly Used. d. Share Alike and additional Contents. For the avoidance of doubt, You must not add Contents to Derivative Databases under Section 4.4 a that are incompatible with the rights granted under this License. e. Compatible licenses. Licensors may authorise a proxy to determine compatible licenses under Section 4.4 a iii. If they do so, the authorised proxy's public statement of acceptance of a compatible license grants You permission to use the compatible license. 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in the following: a. For the avoidance of doubt, You are not required to license Collective Databases under this License if You incorporate this Database or a Derivative Database in the collection, but this License still applies to this Database or a Derivative Database as a part of the Collective Database; b. Using this Database, a Derivative Database, or this Database as part of a Collective Database to create a Produced Work does not create a Derivative Database for purposes of Section 4.4; and c. Use of a Derivative Database internally within an organisation is not to the public and therefore does not fall under the requirements of Section 4.4. 4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database or a Produced Work from a Derivative Database, You must also offer to recipients of the Derivative Database or Produced Work a copy in a machine readable form of: a. The entire Derivative Database; or b. A file containing all of the alterations made to the Database or the method of making the alterations to the Database (such as an algorithm), including any additional Contents, that make up all the differences between the Database and the Derivative Database. The Derivative Database (under a.) or alteration file (under b.) must be available at no more than a reasonable production cost for physical distributions and free of charge if distributed over the internet. 4.7 Technological measures and additional terms a. This License does not allow You to impose (except subject to Section 4.7 b.) any terms or any technological measures on the Database, a Derivative Database, or the whole or a Substantial part of the Contents that alter or restrict the terms of this License, or any rights granted under it, or have the effect or intent of restricting the ability of any person to exercise those rights. b. Parallel distribution. You may impose terms or technological measures on the Database, a Derivative Database, or the whole or a Substantial part of the Contents (a "Restricted Database") in contravention of Section 4.74 a. only if You also make a copy of the Database or a Derivative Database available to the recipient of the Restricted Database: i. That is available without additional fee; ii. That is available in a medium that does not alter or restrict the terms of this License, or any rights granted under it, or have the effect or intent of restricting the ability of any person to exercise those rights (an "Unrestricted Database"); and iii. The Unrestricted Database is at least as accessible to the recipient as a practical matter as the Restricted Database. c. For the avoidance of doubt, You may place this Database or a Derivative Database in an authenticated environment, behind a password, or within a similar access control scheme provided that You do not alter or restrict the terms of this License or any rights granted under it or have the effect or intent of restricting the ability of any person to exercise those rights. 4.8 Licensing of others. You may not sublicense the Database. Each time You communicate the Database, the whole or Substantial part of the Contents, or any Derivative Database to anyone else in any way, the Licensor offers to the recipient a license to the Database on the same terms and conditions as this License. You are not responsible for enforcing compliance by third parties with this License, but You may enforce any rights that You have over a Derivative Database. You are solely responsible for any modifications of a Derivative Database made by You or another Person at Your direction. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. ### 5.0 Moral rights 5.1 Moral rights. This section covers moral rights, including any rights to be identified as the author of the Database or to object to treatment that would otherwise prejudice the author's honour and reputation, or any other derogatory treatment: a. For jurisdictions allowing waiver of moral rights, Licensor waives all moral rights that Licensor may have in the Database to the fullest extent possible by the law of the relevant jurisdiction under Section 10.4; b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction is not possible, Licensor agrees not to assert any moral rights over the Database and waives all claims in moral rights to the fullest extent possible by the law of the relevant jurisdiction under Section 10.4; and c. For jurisdictions not allowing waiver or an agreement not to assert moral rights under Section 5.1 a and b, the author may retain their moral rights over certain aspects of the Database. Please note that some jurisdictions do not allow for the waiver of moral rights, and so moral rights may still subsist over the Database in some jurisdictions. ### 6.0 Fair dealing, Database exceptions, and other rights not affected 6.1 This License does not affect any rights that You or anyone else may independently have under any applicable law to make any use of this Database, including without limitation: a. Exceptions to the Database Right including: Extraction of Contents from non-electronic Databases for private purposes, Extraction for purposes of illustration for teaching or scientific research, and Extraction or Re-utilisation for public security or an administrative or judicial procedure. b. Fair dealing, fair use, or any other legally recognised limitation or exception to infringement of copyright or other applicable laws. 6.2 This License does not affect any rights of lawful users to Extract and Re-utilise insubstantial parts of the Contents, evaluated quantitatively or qualitatively, for any purposes whatsoever, including creating a Derivative Database (subject to other rights over the Contents, see Section 2.4). The repeated and systematic Extraction or Re-utilisation of insubstantial parts of the Contents may however amount to the Extraction or Re-utilisation of a Substantial part of the Contents. ### 7.0 Warranties and Disclaimer 7.1 The Database is licensed by the Licensor "as is" and without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. Licensor specifically disclaims any and all implied warranties or conditions of title, non-infringement, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You. ### 8.0 Limitation of liability 8.1 Subject to any liability that may not be excluded or limited by law, the Licensor is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this License, whether by You or by anyone else, and whether caused by any fault on the part of the Licensor or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages such as loss of revenue, data, anticipated profits, and lost business. This exclusion applies even if the Licensor has been advised of the possibility of such damages. 8.2 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor. ### 9.0 Termination of Your rights under this License 9.1 Any breach by You of the terms and conditions of this License automatically terminates this License with immediate effect and without notice to You. For the avoidance of doubt, Persons who have received the Database, the whole or a Substantial part of the Contents, Derivative Databases, or the Database as part of a Collective Database from You under this License will not have their licenses terminated provided their use is in full compliance with this License or a license granted under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of this License. 9.2 If You are not in breach of the terms of this License, the Licensor will not terminate Your rights under it. 9.3 Unless terminated under Section 9.1, this License is granted to You for the duration of applicable rights in the Database. 9.4 Reinstatement of rights. If you cease any breach of the terms and conditions of this License, then your full rights under this License will be reinstated: a. Provisionally and subject to permanent termination until the 60th day after cessation of breach; b. Permanently on the 60th day after cessation of breach unless otherwise reasonably notified by the Licensor; or c. Permanently if reasonably notified by the Licensor of the violation, this is the first time You have received notice of violation of this License from the Licensor, and You cure the violation prior to 30 days after your receipt of the notice. Persons subject to permanent termination of rights are not eligible to be a recipient and receive a license under Section 4.8. 9.5 Notwithstanding the above, Licensor reserves the right to release the Database under different license terms or to stop distributing or making available the Database. Releasing the Database under different license terms or stopping the distribution of the Database will not withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. ### 10.0 General 10.1 If any provision of this License is held to be invalid or unenforceable, that must not affect the validity or enforceability of the remainder of the terms and conditions of this License and each remaining provision of this License shall be valid and enforced to the fullest extent permitted by law. 10.2 This License is the entire agreement between the parties with respect to the rights granted here over the Database. It replaces any earlier understandings, agreements or representations with respect to the Database. 10.3 If You are in breach of the terms of this License, You will not be entitled to rely on the terms of this License or to complain of any breach by the Licensor. 10.4 Choice of law. This License takes effect in and will be governed by the laws of the relevant jurisdiction in which the License terms are sought to be enforced. If the standard suite of rights granted under applicable copyright law and Database Rights in the relevant jurisdiction includes additional rights not granted under this License, these additional rights are granted in this License in order to meet the terms of this License.