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+ Aklivity Community License Agreement
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+ Version 1.0
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+
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+ This Aklivity Community License Agreement Version 1.0 (the “Agreement”) sets
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+ forth the terms on which Aklivity, Inc. (“Aklivity”) makes available certain
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+ software made available by Aklivity under this Agreement (the “Software”). BY
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+ INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
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+ YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
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+ SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING
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+ THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU
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+ HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS
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+ AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or
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+ the entity on whose behalf you are receiving the Software.
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+
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+ 1. LICENSE GRANT AND CONDITIONS.
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+
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+ 1.1 License. Subject to the terms and conditions of this Agreement,
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+ Aklivity hereby grants to Licensee a non-exclusive, royalty-free,
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+ worldwide, non-transferable, non-sublicenseable license during the term
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+ of this Agreement to: (a) use the Software; (b) prepare modifications and
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+ derivative works of the Software; (c) distribute the Software (including
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+ without limitation in source code or object code form); and (d) reproduce
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+ copies of the Software (the “License”). Licensee is not granted the
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+ right to, and Licensee shall not, exercise the License for an Excluded
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+ Purpose. For purposes of this Agreement, “Excluded Purpose” means making
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+ available any software-as-a-service, platform-as-a-service,
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+ infrastructure-as-a-service or other similar online service that competes
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+ with Aklivity products or services that provide the Software.
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+
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+ 1.2 Conditions. In consideration of the License, Licensee’s distribution
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+ of the Software is subject to the following conditions:
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+
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+ (a) Licensee must cause any Software modified by Licensee to carry
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+ prominent notices stating that Licensee modified the Software.
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+
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+ (b) On each Software copy, Licensee shall reproduce and not remove or
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+ alter all Aklivity or third party copyright or other proprietary
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+ notices contained in the Software, and Licensee must provide the
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+ notice below with each copy.
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+
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+ “This software is made available by Aklivity, Inc., under the
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+ terms of the Aklivity Community License Agreement, Version 1.0
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+ located at http://www.Aklivity.io/Aklivity-community-license. BY
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+ INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF
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+ THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.”
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+
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+ 1.3 Licensee Modifications. Licensee may add its own copyright notices
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+ to modifications made by Licensee and may provide additional or different
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+ license terms and conditions for use, reproduction, or distribution of
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+ Licensee’s modifications. While redistributing the Software or
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+ modifications thereof, Licensee may choose to offer, for a fee or free of
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+ charge, support, warranty, indemnity, or other obligations. Licensee, and
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+ not Aklivity, will be responsible for any such obligations.
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+
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+ 1.4 No Sublicensing. The License does not include the right to
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+ sublicense the Software, however, each recipient to which Licensee
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+ provides the Software may exercise the Licenses so long as such recipient
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+ agrees to the terms and conditions of this Agreement.
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+
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+ 2. TERM AND TERMINATION. This Agreement will continue unless and until
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+ earlier terminated as set forth herein. If Licensee breaches any of its
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+ conditions or obligations under this Agreement, this Agreement will
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+ terminate automatically and the License will terminate automatically and
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+ permanently.
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+
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+ 3. INTELLECTUAL PROPERTY. As between the parties, Aklivity will retain all
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+ right, title, and interest in the Software, and all intellectual property
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+ rights therein. Aklivity hereby reserves all rights not expressly granted
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+ to Licensee in this Agreement. Aklivity hereby reserves all rights in its
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+ trademarks and service marks, and no licenses therein are granted in this
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+ Agreement.
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+
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+ 4. DISCLAIMER. Aklivity HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND
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+ CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY
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+ DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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+ PURPOSE, WITH RESPECT TO THE SOFTWARE.
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+
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+ 5. LIMITATION OF LIABILITY. Aklivity WILL NOT BE LIABLE FOR ANY DAMAGES OF
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+ ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL,
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+ SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY
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+ THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL
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+ APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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+
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+ 6.GENERAL.
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+
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+ 6.1 Governing Law. This Agreement will be governed by and interpreted in
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+ accordance with the laws of the state of California, without reference to
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+ its conflict of laws principles. If Licensee is located within the
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+ United States, all disputes arising out of this Agreement are subject to
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+ the exclusive jurisdiction of courts located in Santa Clara County,
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+ California. USA. If Licensee is located outside of the United States,
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+ any dispute, controversy or claim arising out of or relating to this
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+ Agreement will be referred to and finally determined by arbitration in
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+ accordance with the JAMS International Arbitration Rules. The tribunal
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+ will consist of one arbitrator. The place of arbitration will be Palo
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+ Alto, California. The language to be used in the arbitral proceedings
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+ will be English. Judgment upon the award rendered by the arbitrator may
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+ be entered in any court having jurisdiction thereof.
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+
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+ 6.2 Assignment. Licensee is not authorized to assign its rights under
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+ this Agreement to any third party. Aklivity may freely assign its rights
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+ under this Agreement to any third party.
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+
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+ 6.3 Other. This Agreement is the entire agreement between the parties
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+ regarding the subject matter hereof. No amendment or modification of
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+ this Agreement will be valid or binding upon the parties unless made in
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+ writing and signed by the duly authorized representatives of both
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+ parties. In the event that any provision, including without limitation
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+ any condition, of this Agreement is held to be unenforceable, this
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+ Agreement and all licenses and rights granted hereunder will immediately
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+ terminate. Waiver by Aklivity of a breach of any provision of this
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+ Agreement or the failure by Aklivity to exercise any right hereunder
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+ will not be construed as a waiver of any subsequent breach of that right
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+ or as a waiver of any other right.
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