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| 1 | +BRAPH Software License Terms |
| 2 | + |
| 3 | +1 General |
| 4 | + |
| 5 | +1.1 The Braph software is developed by Prof. Giovanni Volpe (the “Licensor”, “we” or “us”) and related |
| 6 | +contributors as further set forth on the Braph website located at www.braph.org. By installing and |
| 7 | +using Braph, you and your organisation is granted a license to use Braph subject to these terms. If |
| 8 | +you do not accept these terms, please do not install and do not use Braph. |
| 9 | + |
| 10 | +1.2 This license pertains solely to use of Braph in combination with Matlab® and requires that that |
| 11 | +you also have a proper and valid license to use Matlab® in addition to this license. |
| 12 | + |
| 13 | +1.3 Braph is provided together with its source code and intended to be viewed and used as open source. |
| 14 | +The intent is that you shall be able to freely use and develop Braph for your research, development |
| 15 | +and educational purposes. However, as much as we encourage use and development of Braph, we want to |
| 16 | +restrict redistribution and commercial sublicensing, which means that there are some restrictions to |
| 17 | +your use set forth in Section 2.4. |
| 18 | + |
| 19 | +2 Intellectual property rights and license |
| 20 | + |
| 21 | +2.1 Any and all intellectual property rights, including without limitation copyright protected |
| 22 | +materials, source code, database rights, registered and unregistered trade-marks, registered and |
| 23 | +unregistered design rights, patents and patentable inventions, know how (regardless if patentable or |
| 24 | +not) and all other rights in or relating to Braph is the exclusive property of the Licensor, or the |
| 25 | +property of the Licensor’s contributing licensors as applicable. |
| 26 | + |
| 27 | +2.2 You are granted a non-exclusive, royalty-free right and license to use Braph for your internal |
| 28 | +research and development, including commercial research and development, as well as for educational |
| 29 | +and academic purposes. The license furthermore includes the right to access and amend the source code |
| 30 | +of Braph and implement such changes in Braph as you deem fit. |
| 31 | + |
| 32 | +2.3 Any amendments made by you to Braph are your intellectual property that you may use freely as long |
| 33 | +as such use is not contrary to these terms. We encourage that you share amendments with us, in which |
| 34 | +case we are given the right (but not the obligation) to include them in future versions of Braph and |
| 35 | +make them available on these terms or terms materially similar, but you are (i) not required to share |
| 36 | +such amendments and (ii) your amendments if shared are subject to the same limitations of liability |
| 37 | +as set forth in clause 3. |
| 38 | + |
| 39 | +2.4 Unless you have our prior written consent (which consent may be subject to further terms), you |
| 40 | +are expressly not permitted to re-distribute Braph, amended or in its original form, or any part |
| 41 | +thereof, regardless if such re-distribution is made for free or for a fee. You can however point |
| 42 | +third parties to download Braph directly from our website www.braph.org or other official sources. |
| 43 | +Furthermore, you may not integrate Braph or parts thereof into other software regardless if such |
| 44 | +software is licensed on open source or so called “proprietary” terms. Use contrary to this clause 2.4 |
| 45 | +shall in addition render your license to use Braph null and void. |
| 46 | + |
| 47 | +3 Limitation of liability |
| 48 | + |
| 49 | +3.1 BRAPH IS PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT |
| 50 | +LIMITATION ANY IMPLIED, EXPRESS OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY |
| 51 | +WARRANTIES OF FUNCTIONALITY, COMPLETENESS OR ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, |
| 52 | +MERCHANTABILITY, LACK OF VIRUSES OR FREEDOM FROM INFRINGEMENT. FURTHERMORE, YOU ACKNOWLEDGE THAT THE |
| 53 | +SOFTWARE IS NOT, AND WILL NOT BE, ERROR FREE AND RUN WITHOUT ANY INTERRUPTION. |
| 54 | + |
| 55 | +3.2 We do not accept any liability of any kind, whether direct or indirect, in tort or under any form |
| 56 | +of contractual liability or other doctrine for any damage or claim that may arise as a result of your |
| 57 | +use of Braph, regardless if such use is with our version without any amendment to Braph that you may |
| 58 | +have made. |
| 59 | + |
| 60 | +3.3 Furthermore, if any third party makes a claim against us as a result of your amended or unamended |
| 61 | +use of Braph, you shall indemnify and hold us harmless from any such claim, including related cost and |
| 62 | +expense such as legal fees. |
| 63 | + |
| 64 | +4 Attribution |
| 65 | + |
| 66 | +When publishing scientific results or research reports where Braph has been used in such research, we |
| 67 | +encourage and appreciate that you include references to your use of Braph in such research, as well |
| 68 | +as the scientific publications cited on www.braph.org. |
| 69 | + |
| 70 | +5 Choice of law, disputes |
| 71 | + |
| 72 | +These terms shall be governed and construed in accordance with the substantive laws of Sweden, without |
| 73 | +regard to its conflicts of law principles. Any dispute, controversy or claim arising out of or in |
| 74 | +connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by |
| 75 | +the courts of Sweden with the district court of Stockholm as first instance. |
| 76 | + |
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