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LICENSE
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Copyright (c) farm-ng, inc.
farm-ng, Inc. (“farm-ng”)
Amiga Development Kit License
Version 0.2
This Amiga Development Kit License (“License”) is between farm-ng, Inc. and the person or entity accessing, installing or using the Amiga Development Kit software and any associated documentation (“You”). The terms also apply to documentation for the application programming interfaces (collectively the “APIs”) and any exemplary programs or program snippets provided in source code form by farm-ng in conjunction with such documentation. The exemplary programs, program snippets, documentation, and APIs made available by farm-ng are collectively referred to in this License as the “ADK”. To be clear, the ADK does not include: (1) program or data files installed on robots or on remote servers that may be used for programming or executing an application in conjunction with the ADK, and (2) program or data files that may be imported in conjunction with programs depending on APIs of the ADK to generate a compiled code, the files (1) and (2) collectively referred to as “Binaries”.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE ADK, YOU ACCEPT THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, ACCESS OR USE THE ADK.
The ADK is made available by farm-ng to integrate and enable certain functionalities into Your applications and to facilitate the use, configuration, customization, and operation of the robot sold by farm-ng (a “Robot”).
1. Grant of License. Subject to the terms and conditions of this License, farm-ng grants You a non-exclusive, nontransferable, royalty-free license to:
a) install and use the ADK to develop programs consisting of compiled code generated using the ADK, or any part thereof, designed to function with the farm-ng Robot and other farm-ng products (“Developed Programs”);
b) modify any part of the source code of the ADK to submit contributions for inclusion back into the ADK (e.g. with a pull request in a GitHub repository containing the ADK) under the terms and conditions of this License, without any additional terms or conditions; and
c) make a limited number of copies of the documentation to be used by Your employees or consultants for development purposes only, and not for general business purposes or for distribution and not for offering training services.
2. Restrictions on Licensed Rights.
a) You will not:
i. modify, disassemble, decompile, or reverse engineer any part of the Binaries;
ii. copy (except as expressly permitted by this License) or otherwise reproduce the ADK, in whole or in part;
iii. modify, adapt, alter, translate, or incorporate into or with other software or create a derivative work of any part of the ADK, except as expressly permitted in this License;
iv. remove, modify, or otherwise tamper with notices or legends on the ADK;
v. use the ADK in any manner to provide service bureau, time sharing, or other computer services to third parties;
vi. rent, sell, lease or otherwise distribute the ADK or any portion thereof, or publish the ADK for others to copy;
vii. use the ADK to develop or market a product as a competitor to, or substitute for the functionality or value of, the ADK or a Robot;
viii. use the ADK to develop applications for other hardware or software platforms or to develop another ADK; or
ix. use the ADK to create, develop, or use any program, software, or service which (1) takes away the functionality of farm-ng products or other farm-ng software; or (2) violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination, false advertising, or data privacy).
b) You will remain at all times responsible and liable for the misuse of the ADK by Your employees and consultants.
3. Ownership of Intellectual Property. The ADK and any authorized copies that You make are the intellectual property of, and all rights therein are owned by, farm-ng. The structure, organization, and code of the ADK are valuable trade secrets and confidential information of farm-ng. The ADK is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect farm-ng’s copyright and other ownership interests in all items in the ADK. You agree that all copies of items in the ADK reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as in the ADK. farm-ng retains all right, title, and ownership throughout the world in the intellectual property embodied within the ADK. Except as stated herein, this License does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the ADK, and all rights not expressly granted are reserved by farm-ng.
4. Support. farm-ng is not obligated to provide any technical or other support (“Support”) for the ADK. However, if farm-ng chooses to provide any Support to You, Your use of such Support will be governed by then-current farm-ng policies.
5. Submission of Contributions. A “Contribution” means any work of authorship that is submitted by You to farm-ng in which You own or assert ownership of the copyright. By submitting any Contribution, you represent that You own the copyright in the entire work of authorship, or that you otherwise are legally entitled to submit the contribution and to grant the licenses in this License. To the maximum extent permitted by the relevant law, You grant to farm-ng a perpetual, worldwide, non-exclusive, transferable, no charge and royalty-free, irrevocable license, with the right to sublicense such rights through multiple tiers of sublicensees (under any license, including copyleft, permissive, commercial, or proprietary licenses), to reproduce, modify, display, perform, sublicense and distribute the Contribution. For patent claims including, without limitation, method, process, and apparatus claims which You own, control or have the right to grant, now or in the future, You grant to farm-ng a perpetual, worldwide, non-exclusive, transferable, no charge and royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution.
6. Feedback. You agree that any information or feedback (such as ideas, contributions, bug reports, or feature requests) You may provide to farm-ng related to the ADK is non-confidential and You grant to farm-ng a non-exclusive, worldwide, fully paid up, perpetual and irrevocable license to use, share, commercialize, and otherwise exploit this information/feedback in farm-ng’s business activities without restriction and without payment or accounting to You or any third party. You agree that any Contribution You submit for inclusion to ADK shall be considered Feedback under the terms and conditions of this License.
7. Upgrades; End of Life. farm-ng is not obligated to provide any upgrades or future versions of the ADK. farm-ng reserves the right to discontinue offering the ADK, or to modify the ADK at any time, in its sole discretion. If You are dissatisfied with any aspect of the ADK at any time, Your sole and exclusive remedy is to cease using the ADK.
8. EXPORT RESTRICTIONS. The ADK is subject to U.S. export controls, including the Export Administration Regulations. You agree to comply with all relevant import and export regulations, including those adopted by the Bureau of Industry and Security of the U.S. Department of Commerce. You shall not transfer, export or re-export, directly or indirectly, the ADK in violation of any export law or regulation, and You affirm that You are not, and are not acting on behalf of, any person or entity on the Denied Persons List, Entity List, Unverified List or Military End User List as published by the U.S. Department of Commerce, Bureau of Industry and Security.
9. Data Collection. If You use the ADK to run applications developed by a third party or that access data, content, or resources provided by a third party, You agree that farm-ng is not responsible for those applications, data, content, or resources. You understand that all data, content, or resources which You may access through such third-party applications are the sole responsibility of the person from which they originated and that farm-ng is not liable for any loss or damage that You may experience as a result of the use or access of any of those third-party applications, data, content, or resources. You agree that, if You use the ADK to develop applications for other users, You will protect the privacy and legal rights of Your users, prominently display a privacy policy that describes to Your users the information that is collected by You and Your application and how such information is used and shared. You will maintain and process all user data in accordance with Your privacy policy and all applicable laws and regulations in any countries in which Your application is distributed or used. You represent and warrant that You owns all data you process via the ADK, or that You have all rights that are necessary to use and process such data under this License. You also represent and warrants that neither data, nor the processing of the data via the ADK, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to defend and indemnify farm-ng from and against any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys' fees) arising out of or relating to the intellectual property rights or privacy rights in any of such data.
10. Trademark License. Nothing in this License gives you a right to use any of farm-ng’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You agree that you will not adopt, use or attempt to register, whether as a corporate name, domain name, product name, trademark, service mark or other indication of origin, any trademark of farm-ng or any mark that is confusingly similar to or will dilute the distinctive nature of the farm-ng trademarks.
11. Modifications. farm-ng reserves the right to update or modify this License at any time. The revised License will be posted on git-hub in the code repository associated with the ADK (the “Site”). All updates and modifications to this License will be effective from the day they are posted on the Site (except as otherwise stated in this Section 11). It is Your responsibility to regularly visit the Site and review this License. If You do not agree to any updates or modifications to this License, You may cease access and use of the ADK. Your continued use of the ADK after farm-ng has posted the updated License signifies Your acknowledgment and agreement to be bound by the revised License.
12. Term and Termination. This License is effective until terminated. farm-ng has the right to terminate this License immediately if You fail to comply with any term of this License. Despite anything contained in this License to the contrary, farm-ng may, in its sole discretion, terminate or suspend access to the ADK at any time. You acknowledge that termination of Your rights and/or monetary damages may not be a sufficient remedy if You breach this license and that farm-ng will be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief in the event of a breach. Upon any termination of this License, You must (a) destroy or return to farm-ng all full and partial copies of the ADK and (b) discontinue distribution of any Developed Programs. Sections 2, 3, 5, 7, 9 and 11-16 shall survive any termination and/or expiration of this License.
13. DISCLAIMER OF WARRANTIES. THE ADK IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. FARM-NG MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ADK, AND HEREBY DISCLAIMS ANY OTHER EXPRESS WARRANTIES, AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FARM-NG DOES NOT WARRANT THAT THE ADK WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE OR THAT THE ADK WILL SUCCEED IN RESOLVING ANY PROBLEM.
14. Allocation of Risk. You and farm-ng agree that the foregoing warranty disclaimer, and limitation of liability set forth below, respectively, fairly allocate the risks in the License between the parties. You and farm-ng further agree that this allocation is an essential element of the basis of the bargain between the parties, that farm-ng would not have entered this License without these limitations, and that the limitations will apply notwithstanding any failure of the essential purpose of this License or any limited remedy hereunder.
15. Limitation of Liability. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARM-NG SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE ADK, ITS USE OR ANY RELATED INFORMATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, REVENUE, PROFITS, OR SAVINGS, COMPUTER DAMAGE OR ANY OTHER CAUSE), UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT OR PRODUCT LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages, and, as such, some portion of the above limitation may not apply. In such jurisdictions, liability is limited to the greatest extent permitted by law.
16. Applicable Law; Venue. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. Any legal action or proceeding arising under this License will be brought exclusively in the federal or state courts located in Santa Cruz County, California, and the parties hereby irrevocably consent to personal jurisdiction and venue therein.
17. General Provisions. This License is not assignable or transferable, in whole or in part, by You, whether involuntarily, by merger, operation of law or otherwise, without farm-ng’s prior written consent. Any attempted transfer in violation of this Section is void. A waiver of any default hereunder or of any of the terms and conditions of this License will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but will apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this License will be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this License. In the event any provision of this License is held to be invalid or unenforceable, such provision will be severed from the remainder of this License, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This License constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the ADK, whether written or oral.