eCosPro Non-Commercial Public License

eCosPro Non-Commercial Public License
	Part 1. Licenses

1. Acceptance and Agreement

The “Licensor” has made the Software available to You under the terms and conditions of this software license (the “License”) only on the condition that You accept and agree to be bound all of the terms and conditions of this License.
By utilising the Software or exercising the Licensed Rights defined below, You accept and agree to be bound by the terms and conditions of this License.
To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Software available under these terms and conditions.

2. Definitions

The following list of terms appear in this License and have the following definitions for the purposes of this License.

Commercial License

refers to a Commercial Use License issued by the Licensor which permits usage other than Non-Commercial use of the Software and/or Software Derivatives under commercially agreed terms and conditions.

License

refers to version 1.0 of the eCosPro Non-Commercial Public License.

Licensed Rights

means the rights granted to You subject to the terms and conditions of this License that the Licensor has authority to license.

Licensee, You

means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

Licensor

means the individual(s) or entity(ies) granting rights under this License.

Foreign Software

means software in any form not licensed under the terms and conditions of this License.

Non-Commercial

means not primarily intended for or directed towards commercial advantage or monetary compensation.

Share

means to provide Software or Software Derivatives to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, distribution, or importation and to make the Software or Software Derivatives available to the public including in ways that members of the public may access or make use of the Software or Software Derivatives from a place and at a time individually chosen by them. Shared and Sharing have corresponding meanings.

Software

refers to the copyrightable work licensed under the terms and conditions of this License, in the preferred format for making modifications to it. This includes any modification to the work or work derived from or based on the work. Typically this means source code of the work, modifications and derivatives in machine-readable format, but also refers to other material such as documentation, illustrations and publications in their various forms (e.g. paper, electronic).

Use of macros, inline functions, or instantiation of templates, from the Software by Foreign Software does not by itself make the Foreign Software a work derived or based on the Software.

Software Derivatives

refers to any work derived or based on the Software in formats other than the source code form of the Software. This includes and is not limited to object, binary, executable, encrypted, compressed forms of the works.

Linking with or calling into Software Derivatives by Foreign Software does not by itself make the Foreign Software a work derived or based on the Software or Software Derivatives.

3. Grant of License

Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive, non-sublicensable, irrevocable license to exercise the Licensed Rights to:
1. utilise, reproduce and Share the Software, in whole or in part, for Non-Commercial purposes only; and
2. produce, utilise, reproduce, and Share the Software Derivatives, in whole or in part, for Non-Commercial purposes only.
Exclusions:
1. This License does not apply to You if you have a Commercial License for the Software or a Commercial License for the Software Derivatives. The terms and conditions of the Commercial License will instead apply to the relevant work.
2. Patent and trademark rights are not licensed under this License.
3. To the extent possible, the Licensor waives any right to collect royalties or license fees from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties or license fees, including when the Software or the Software Derivatives are used other than for Non-Commercial purposes.
4. Use of macros, inline functions, or instantiation of templates, from the Software by Foreign Software does not by itself impose the terms and conditions of this License on the Foreign Software.
5. Linking with or calling into Software Derivatives by Foreign Software does not by itself impose the terms and conditions of this License on the Foreign Software. However, in such instances the terms and conditions of the Software Derivatives still apply.
Downstream recipients:
1. Offer from the Licensor – Software and Software Derivatives. Every recipient of the Software or the Software Derivatives automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.
2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on the Software or the Software Derivatives if doing so restricts exercise of the Licensed Rights by any recipient of the Software or Software Derivatives.
No endorsement: Nothing in this License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Software or the Software Derivatives are, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 4.a and Section 4.b.

4. License Conditions and Attribution

Your exercise of the Licensed Rights is expressly made subject to the following conditions:

If You Share the Software You must:
1. retain the following if present within the Software:
  1. identification of the creator(s) of the Software and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
  2. a copyright notice;
  3. a notice that refers to this License;
  4. the text of this License (normally provided in a separate file);
  5. a URI or hyperlink to the Software to the extent reasonably practicable;
  and
2. indicate if You modified the Software and retain an indication of any previous modifications; and
3. indicate the Software is licensed under this License, and include the text of, and/or the URI or hyperlink to, this License.
If You Share the Software Derivatives You must:
1. clearly state the Software Derivatives are:
  1. provided for Non-Commercial use only; and
  2. licensed under this License; and
  3. include the text of and/or the URI to, this License;
  and
2. convey the machine-readable corresponding Software under the terms of Section 4.a through one of the following methods:
  1. if the Software Derivatives are conveyed in, or embodied in, a physical device (including a physical distribution medium); then the machine-readable corresponding Software must be conveyed either:
    on a durable physical medium normally used for software interchange which accompanies the physical device; or
    with a written offer that accompanies the device to provide, at no charge and for a minimum period of two years from the date the Software Derivatives was conveyed, anyone who possesses the physical device either: (1) a copy of the corresponding Software for all the Software Derivatives in the device that is covered by this License on a durable physical medium normally used for software interchange; or (2) access to the corresponding Software on a server connected to the internet in a manner that it may be copied from the server.
    or
  2. if the Software Derivatives were originally conveyed to you in the manner described in Section 4.b.ii.1 and You subsequently copy into another device or converted into a new form the Software Derivatives and Share the Software Derivatives, then the machine-readable corresponding Software must also be conveyed through one of the methods described in Section 4.b.ii.1; or
  3. if the Software Derivatives are Shared by offering access from a designated place at no charge, equivalent access to the corresponding Software must be offered in the same way from the same place at no additional charge for a minimum period of two years; or
  4. if the Software Derivatives are Shared using peer-to-peer sharing, You must inform other peers where the Software Derivatives and corresponding Software are being offered under Section 4.b.ii.3.
For avoidance of doubt:
- all source code forms of Software Derivatives must comply to Section 4.a; and
- only Non-Commercial sharing of Software Derivatives is permitted under the terms of this License.

5. Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE Licensor, TO THE EXTENT POSSIBLE, THE Licensor OFFERS THE Software AND Software Derivatives AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE Software AND Software Derivatives, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE, OR THAT THE Software OR Software Derivatives WILL MEET Your REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Software OR Software Derivatives IS Yours. SHOULD THE Software OR Software Derivatives PROVE DEFECTIVE AND You ASSUME ANY COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO You.
TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE Licensor BE LIABLE TO You ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS License OR USE OF THE Software or Software Derivatives, EVEN IF THE Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO You.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

6. Intellectual Property Rights

The intellectual property rights in the Software and Software Derivatives shall remain vested in the Licensor.

7. Term and Termination

This License applies for the term of the Licensed Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.
Where Your right to use the Software or Software Derivatives has terminated under Section 7.a, it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation if the Licensor has not expressly advised You of the violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt:
1. express reinstatement by the Licensor is required when You have been notified by the Licensor of non-compliance of the License; and
2. this Section 7.b does not affect any right the Licensor may have to seek remedies for Your violations of this License.
For the avoidance of doubt, the Licensor may also offer the Software or Software Derivatives under separate terms or conditions, such as a Commercial License, or stop distributing the Software or Software Derivatives at any time; however, doing so will not terminate this License.
Sections 2, 5, 6, 7, 8 and 9 survive termination of this License.

8. Other Terms and Conditions

The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
Any arrangements, understandings, or agreements regarding the Software or Software Derivatives not stated herein are separate from and independent of the terms and conditions of this License.

9. General

This License is governed by English law. Both the Licensor and You submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this License but the Licensor is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights or this License.
To the extent possible, if any provision of this license; is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.