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- License
-
- Software Copyright License for non-commercial scientific research purposes
- Please read carefully the following terms and conditions and any accompanying documentation before you download
- and/or use the EMOCA model, data and software, (the "Model & Software"), including 3D meshes, software, and scripts.
- By downloading and/or using the Model & Software (including downloading, cloning, installing, and any other use
- of this github repository), you acknowledge that you have read these terms and conditions, understand them, and
- agree to be bound by them. If you do not agree with these terms and conditions, you must not download and/or use
- the Model & Software. Any infringement of the terms of this agreement will automatically terminate your rights
- under this License
-
- Ownership / Licensees
- The Model & Software and the associated materials has been developed at the
- Max Planck Institute for Intelligent Systems (hereinafter "MPI").
-
- Any copyright or patent right is owned by and proprietary material of the
- Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter
- collectively “Max-Planck”) hereinafter the “Licensor”.
-
- License Grant
- Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right:
-
- • To install the Model & Software on computers owned, leased or otherwise controlled by you and/or your organization.
- • To use the Model & Software for the sole purpose of performing peaceful non-commercial scientific research,
- non-commercial education, or non-commercial artistic projects.
-
- Any other use, in particular any use for commercial, pornographic, military, or surveillance purposes is prohibited.
- This includes, without limitation, incorporation in a commercial product, use in a commercial service,
- or production of other artefacts for commercial purposes.
-
- The Model & Software may not be used to create fake, libelous, misleading, or defamatory content of any kind, excluding
- analyses in peer-reviewed scientific research.
-
- The Model & Software may not be reproduced, modified and/or made available in any form to any third party
- without Max-Planck’s prior written permission.
-
- The Model & Software may not be used for pornographic purposes or to generate pornographic material whether
- commercial or not. This license also prohibits the use of the Model & Software to train methods/algorithms/neural
- networks/etc. for commercial use of any kind. By downloading the Model & Software, you agree not to reverse engineer it.
-
- No Distribution
- The Model & Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered
- for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive
- purposes only.
-
- Disclaimer of Representations and Warranties
- You expressly acknowledge and agree that the Model & Software results from basic research, is provided “AS IS”,
- may contain errors, and that any use of the Model & Software is at your sole risk.
- LICENSOR MAKES NO REPRESENTATIONS
- OR WARRANTIES OF ANY KIND CONCERNING THE MODEL & SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY
- LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT. Specifically, and not to limit the foregoing, licensor
- makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of
- the Model & Software, (ii) that the use of the Model & Software will not infringe any patents, copyrights or other
- intellectual property rights of a third party, and (iii) that the use of the Model & Software will not cause any
- damage of any kind to you or a third party.
-
- Limitation of Liability
- Because this Model & Software License Agreement qualifies as a donation, according to Section 521 of the German
- Civil Code (Bürgerliches Gesetzbuch – BGB) Licensor as a donor is liable for intent and gross negligence only.
- If the Licensor fraudulently conceals a legal or material defect, they are obliged to compensate the Licensee
- for the resulting damage.
-
- Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have
- arisen had proper and regular data backup measures been taken. For the avoidance of doubt Licensor shall be
- liable in accordance with the German Product Liability Act in the event of product liability. The foregoing
- applies also to Licensor’s legal representatives or assistants in performance. Any further liability shall
- be excluded. Patent claims generated through the usage of the Model & Software cannot be directed towards the copyright holders.
- The Model & Software is provided in the state of development the licensor defines. If modified or extended by
- Licensee, the Licensor makes no claims about the fitness of the Model & Software and is not responsible
- for any problems such modifications cause.
-
- No Maintenance Services
- You understand and agree that Licensor is under no obligation to provide either maintenance services,
- update services, notices of latent defects, or corrections of defects with regard to the Model & Software.
- Licensor nevertheless reserves the right to update, modify, or discontinue the Model & Software at any time.
-
- Defects of the Model & Software must be notified in writing to the Licensor with a comprehensible description
- of the error symptoms. The notification of the defect should enable the reproduction of the error.
- The Licensee is encouraged to communicate any use, results, modification or publication.
-
- Publications using the Model & Software
- You acknowledge that the Model & Software is a valuable scientific resource and agree to appropriately reference
- the following paper in any publication making use of the Model & Software.
-
- Commercial licensing opportunities
- For commercial uses of the Model & Software, please send email to ps-license@tue.mpg.de
-
- This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention.
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