landscape-widget 0.3.2-rc.1 → 0.3.2

package/LICENSE.txt

@@ -1,301 +1,113 @@
-BlueLightAI Software License Agreement
-======================================
-
-1. Software License.
-
-1.1 License Grant.  Subject to the terms and conditions of this Agreement,
-BlueLight hereby grants to Customer, during the Subscription Term (as defined in
-the Order Form or Purchase Order mutually executed by the parties referencing
-this Agreement (“Order Form”)), a non-exclusive, non-transferable,
-non-sublicenseable right and license to use the BlueLight software product(s)
-designated in the Order Form in object code (the “BlueLight Software”) for
-internal business purposes only, subject to any usage limitations or other
-restrictions set forth in the Order Form.
-
-1.2 Restrictions on Use.  Customer shall not: (a) sublicense, sell, resell,
-transfer, assign, distribute, share, lease, rent, make any commercial use of,
-outsource, use on a timeshare or service bureau, or use in an application
-service provider or managed service provider environment, or otherwise generate
-income from the BlueLight Software; (b) copy the BlueLight Software onto any
-public or distributed network, except for an internal and secure cloud computing
-environment; (c) cause or permit the decompiling, disassembly, or reverse
-engineering of any portion of the BlueLight Software, or attempt to discover or
-permit the discovery of any source code or other operational mechanisms of the
-BlueLight Software; (d) modify, adapt, translate or create derivative works, nor
-allow any of those actions to occur, based on all or any part of the BlueLight
-Software; (e) modify any proprietary rights notices which appear in the
-BlueLight Software or components thereof; or (f) use any BlueLight Software in
-violation of any applicable laws and regulations (including any export laws,
-restrictions, national security controls and regulations) or outside of the
-license scope set forth in Section 1.1.  Customer shall not export or re-export
-any BlueLight Software or technical data or any copy, portions or direct product
-thereof to anyone on the U.S. Treasury Department's list of Specially Designated
-Nationals or the U.S. Commerce Department's Table of Denial Orders.  Customer
-shall, at its own expense, obtain all necessary customs, import, or other
-governmental authorizations and approvals.
-
-1.3 Unauthorized Use. Customer shall notify BlueLight immediately of any
-unauthorized use of any password or account or any other known or suspected
-breach of security or misuse of the BlueLight Software.  Customer is responsible
-for use of the BlueLight Software by any and all employees, contractors, or
-other users that it allows to access the BlueLight Software.
-
-1.4 Support and Maintenance. During the Subscription Term of a particular Order
-Form, BlueLight will provide Customer with support and update services with
-respect to the applicable BlueLight Software as set forth in the applicable
-Order Form.
-
-1.5 Feedback. Customer may from time to time provide BlueLight with suggestions
-or comments for enhancements or improvements, new features or functionality or
-other feedback (“Feedback”) with respect to the BlueLight Software.  BlueLight
-will have full discretion to determine whether or not to proceed with the
-development of any requested enhancements, new features or functionality.
-BlueLight will have the full, unencumbered right, without any obligation to
-compensate or reimburse Customer, to use, incorporate and otherwise fully
-exercise and exploit any such Feedback in connection with its products and
-services.  BlueLight will not publicly identify Customer as the source of
-Feedback without Customer’s permission.
-
-1.6 Trial License.  In the event BlueLight provides Customer with access to a
-BlueLight software product (“Trial Software”) prior to execution of an Order
-Form, then such Trial Software is made available only a trial basis, and
-BlueLight hereby grants to Customer, during the Trial Period (as defined below),
-a non-exclusive, non-transferable, non-sublicenseable right and license to use
-such Trial Period solely for Customer’s internal evaluation purposes.  The
-“Trial Period” shall mean the period commencing on the date such Trial Software
-is made available to Customer and ending on (a) the date thirty (30) days
-thereafter (unless extended with written approval from BlueLight) or, if
-earlier, (b) the date on which the Parties execute an Order Form covering such
-Trial Software.  Sections 1.2, 1.3, 1.5, and 4 shall apply with respect to the
-Trial Software as if such Trial Software was BlueLight Software.  THE TRIAL
-SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  BLUELIGHT
-SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES
-OF NONINFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR ANY PARTICULAR
-PURPOSE, REGARDING THE TRIAL SOFTWARE.
-
-2. Fees.
-
-2.1 Pricing and Audits.  Customer will be billed for those amounts and at those
-prices set forth in the applicable Order Form for the Subscription Term
-indicated therein.  Customer will maintain, and BlueLight will be entitled to
-audit, any records relevant to Customer’s use of the BlueLight Software
-hereunder. BlueLight may audit such records on reasonable notice at BlueLight’s
-cost (or if the audits reveal material non-compliance with this Agreement, at
-Customer’s cost).
-
-2.2 Payments. Customer shall pay those amounts set forth in invoices not
-disputed in good faith within thirty (30) days of the date of receipt thereof,
-unless a specific date for payment is set forth in the Order Form, in which case
-the payment will be due on the date specified.  All payment obligations are
-non-cancelable and all amounts paid are non-refundable, except for amounts paid
-in error that are not actually due under this Agreement.  The fees paid by
-Customer are exclusive of all taxes, levies, or duties imposed by taxing
-authorities, if any, and Customer shall be responsible for payment of all such
-taxes, levies, or duties, excluding taxes based on BlueLight’s income.  Customer
-represents and warrants that the billing and contact information provided to
-BlueLight is complete and accurate.  Customer shall pay interest on all payments
-not received by the due date at a rate of one and a half percent (1.5%) or the
-maximum amount allowed by law, whichever is lesser.
-
-3. Confidentiality
-
-3.1 Scope and Restrictions.  “Confidential Information” means all information of
-a party (“Disclosing party”) disclosed to the other party (“Receiving party”)
-that is designated in writing or identified as confidential at the time of
-disclosure or should be reasonably known by the Receiving party to be
-confidential due to the nature of the information disclosed and the
-circumstances surrounding the disclosure. The Receiving party will:  (i) not use
-the Disclosing party’s Confidential Information for any purpose outside of this
-Agreement; (ii) not disclose such Confidential Information to any person or
-entity, other than its (a) employees, consultants, agents and professional
-advisers who have a “need to know” for the Receiving party to exercise its
-rights or perform its obligations hereunder, provided that such employees,
-consultants and agents are bound by agreements or, in the case of professional
-advisers, ethical duties respecting such Confidential Information in accordance
-with the terms of this Section 3; and (iii) use reasonable measures to protect
-the confidentiality of such Confidential Information.  If the Receiving party is
-required by applicable law or court order to make any disclosure of such
-Confidential Information, it will first give written notice of such requirement
-to the Disclosing party, and, to the extent within its control, permit the
-Disclosing party to intervene in any relevant proceedings to protect its
-interests in its Confidential Information, and provide full cooperation to the
-Disclosing party in seeking to obtain such protection.  Further, this Section 3
-will not apply to information which the Receiving party can document: (i) was
-rightfully in its possession or known to it prior to receipt; (ii) is or has
-become public knowledge or publicly available through no fault of the Receiving
-party; (iii) is rightfully obtained by the Receiving party from a third party
-without breach of any confidentiality obligation; or (iv) is independently
-developed by employees of the Receiving party who had no access to such
-information.
-
-3.2 Equitable Relief.  The Receiving party acknowledges that unauthorized
-disclosure of Confidential Information could cause substantial harm to the
-Disclosing party for which damages alone might not be a sufficient remedy and,
-therefore, that upon any such disclosure by the Receiving party the Disclosing
-party will be entitled to seek appropriate equitable relief in addition to
-whatever other remedies it might have at law or equity
-
-4. Proprietary rights. BlueLight and its suppliers own and shall retain all
-proprietary rights, including all copyright, patent, trade secret, trademark and
-all other intellectual property rights, in and to the BlueLight Software.
-Customer acknowledges that the rights granted under this Agreement do not
-provide Customer with title to or ownership of the BlueLight Software.  Each
-Order Form may contain specific terms and conditions relating to Customer’s use
-of any third party software delivered with the BlueLight Software.
-
-5. Term and Termination.  The Subscription Term of each Order Form is as
-specified in such Order Form.  This Agreement will be in effect, on an Order
-Form-by-Order Form basis, for so long as any Order Form is in effect.  If either
-party fails to comply with any provision of this Agreement or any Order Form,
-and such breach has not been cured within thirty (30) days after receipt of
-written notice thereof, the non-breaching party may terminate this Agreement or
-the affected Order Form, except that BlueLight may immediately terminate this
-Agreement or the affected Order Form upon Customer’s breach of Section 1.2.
-Either Party may terminate this Agreement upon written notice to the other Party
-in the event there are no active Order Forms (including during the Trial
-Period).  Upon expiration or termination of this Agreement or any Order Form for
-any reason, Customer shall cease any further use of the applicable BlueLight
-Software (or Trial Software) and destroy any copies of the applicable BlueLight
-Software (or Trial Software) or related technical documentation provided by
-BlueLight (“Documentation”) within Customer’s possession and control.  Upon
-expiration or termination of this Agreement, each Receiving Party will return or
-destroy, at the Disclosing Party’s option, the Disclosing Party’s Confidential
-Information in the Receiving Party’s possession or control.  All fees that have
-accrued as of such expiration or termination, and Sections 1.2, 1.3, 1.5, 2, 3,
-4, 5, 6.2, 7, 8, 9 and 10, will survive any expiration or termination of this
-Agreement or the affected Order Form.
-
-6. Warranties.
-
-6.1 Limited Warranty. BlueLight warrants that, during the first ninety (90) days
-following the date the BlueLight Software is made available to Customer pursuant
-to the Order Form (the “Warranty Period”), the BlueLight Software will, in all
-material respects, conform to the functionality described in the Documentation.
-BlueLight’s sole and exclusive obligation, and Customer's sole and exclusive
-remedy, for a breach of this warranty shall be that BlueLight shall be required
-to use commercially reasonable efforts to modify the BlueLight Software to
-conform in all material respects the Documentation, and if BlueLight is unable
-to materially restore such functionality within thirty (30) days from the date
-of written notice of said breach, as Customer’s sole and exclusive remedy,
-Customer shall be entitled to terminate this Agreement upon written notice and
-receive a refund of the license fees which have been paid for such BlueLight
-Software.
-
-6.2 Warranty Disclaimer. EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE SOFTWARE AND
-ALL RELATED SERVICES ARE PROVIDED “AS IS” AND BLUELIGHT EXPRESSLY DISCLAIMS ANY
-AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED,
-STATUTORY, OR OTHERWISE WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTY OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR
-THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR
-OPERATION OF THE SOFTWARE OR ANY RELATED SERVICES.  BLUELIGHT EXPRESSLY
-DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
-DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE OR ANY RELATED SERVICES.
-
-7. Indemnification.
-
-7.1 By BlueLight. BlueLight agrees to defend at its expense Customer against any
-third party claim to the extent such claim alleges that the BlueLight Software
-infringes or misappropriates any United States or European patent, copyright,
-trademark or trade secret of a third party, and BlueLight shall pay all costs
-and damages finally awarded against Customer by a court of competent
-jurisdiction as a result of any such claim.  In the event that the use of the
-BlueLight Software is, or in BlueLight’s sole opinion is likely to become,
-subject to such a claim, BlueLight, at its option and expense, may (a) replace
-the applicable BlueLight Software with functionally equivalent non-infringing
-technology, (b) obtain a license for Customer’s continued use of the applicable
-BlueLight Software, or (c) terminate this Agreement and provide a pro-rata
-refund of any fees prepaid for the unused Term, if any.  The foregoing
-indemnification obligation of BlueLight will not apply: (1) if the BlueLight
-Software is modified by Customer; (2) if the BlueLight Software is combined with
-other non-BlueLight products, applications, or processes not authorized by
-BlueLight, but solely to the extent the alleged infringement is caused by such
-combination; (3) to any unauthorized use of the BlueLight Software; or
-(4) Customer’s failure to use updated or modified BlueLight Software provided by
-BlueLight to avoid infringement or misappropriation.  THE FOREGOING PROVISIONS
-OF THIS SECTION STATE THE ENTIRE LIABILITY AND ALL OBLIGATIONS OF BlueLight AND
-THE EXCLUSIVE REMEDY OF CUSTOMER, WITH RESPECT TO ANY ALLEGED OR ACTUAL
-INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS OR OTHER
-INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE.
-
-7.2 By Customer.  Customer agrees to defend at its expense BlueLight against any
-third party claim to the extent such claim arises from Customer’s breach of this
-Agreement or Customer’s negligence or willful misconduct, and Customer shall pay
-all costs and damages finally awarded against BlueLight by a court of competent
-jurisdiction as a result of any such claim.
-
-7.3 Indemnification Requirements.  In connection with any claim for
-indemnification under this Section 7, the indemnified party must promptly
-provide the indemnifying party with notice of any claim that the indemnified
-party believes is within the scope of the obligation to indemnify, provided,
-however, that the failure to provide such notice shall not relieve the
-indemnifying party of its obligations under this Section 7, except to the extent
-that such failure materially prejudices the indemnifying party’s defense of such
-claim.  The indemnified party may, at its own expense, assist in the defense if
-it so chooses, but the indemnifying party shall control the defense and all
-negotiations relative to the settlement of any such claim.  Any settlement
-intended to bind the indemnified party shall not be final without the
-indemnified party’s written consent, which consent shall not be unreasonably
-withheld, conditioned or delayed.
-
-8. Limitation of Liability.
-
-8.1 EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 1 OR EITHER
-PARTY’S BREACH OF SECTION 3, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
-INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
-DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR
-LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY
-HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-8.2 EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 1, EITHER
-PARTY’S BREACH OF SECTION 3, CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER OR EACH
-PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, NEITHER PARTY’S LIABILITY
-HEREUNDER FOR ANY DAMAGES (WHETHER FOR BREACH OF CONTRACT, MISREPRESENTATIONS,
-NEGLIGENCE, STRICT LIABILITY, OTHER TORTS OR OTHERWISE) SHALL EXCEED AN AMOUNT
-EQUAL TO THE TOTAL FEES PAID TO BLUELIGHT HEREUNDER DURING THE TWELVE (12)
-MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES.  THESE
-LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
-REMEDY.
-
-9. Force Majeure. Except for payment obligations, neither party hereto will be
-liable for defaults or delays due to Acts of God, or the public enemy, acts or
-demands of any government or governmental agency, fires, floods, accidents, or
-other unforeseeable causes beyond its control and not due to its fault or
-negligence.
-
-10. Miscellaneous.  This Agreement shall be governed by and construed under the
-laws of the State of California, U.S.A.  The parties consent to the exclusive
-jurisdiction and venue of the courts located in and serving San Francisco,
-California.  Failure by either party to exercise any of its rights under, or to
-enforce any provision of, this Agreement will not be deemed a waiver or
-forfeiture of such rights or ability to enforce such provision. If any provision
-of this Agreement is held by a court of competent jurisdiction to be illegal,
-invalid or unenforceable, that provision will be amended to achieve as nearly as
-possible the same economic effect of the original provision and the remainder of
-this Agreement will remain in full force and effect.  This Agreement (including
-all Order Forms and exhibits hereto) represents the entire agreement between the
-parties and supersede any previous or contemporaneous oral or written agreements
-or communications regarding the subject matter of this Agreement.  Any
-modification to this Agreement must be in writing and signed by a duly
-authorized agent of both parties.  This Agreement shall control over additional
-or different terms of any purchase order, confirmation, invoice or similar
-document, even if accepted in writing by both parties, and waivers and
-amendments to this Agreement shall be effective only if made by non-pre-printed
-agreements clearly understood by both parties to be an amendment or waiver to
-this Agreement.  The rights and remedies of the parties hereunder will be deemed
-cumulative and not exclusive of any other right or remedy conferred by this
-Agreement or by law or equity. No joint venture, partnership, employment, or
-agency relationship exists between the parties as a result of this Agreement.
-This Agreement may not be assigned by either party without the prior written
-approval of the other, except that either party may assign this Agreement to a
-successor to all or substantially all of the business or assets to which this
-Agreement relates, and BlueLight may assign this Agreement to any of its
-affiliates; and any purported assignment in violation of this section shall be
-void.  Customer agrees that BlueLight may refer to Customer by trade name and
-logo, and may briefly describe Customer’s business, in BlueLight’s marketing
-materials and web site.  Any notices required or permitted hereunder will be
-given to the appropriate Party at the address specified on the first page hereof
-or at such other address as the Party will specify in writing.  Such notice will
-be deemed given upon personal delivery to the appropriate address or sent by
-certified or registered mail, three days after the date of mailing provided that
-notice of change of address will be deemed effective only upon receipt.  For
-purposes hereof, “including” means “including without limitation”.
+BluelightAI Cobalt Commercial Trial License and Non-Commercial License 1.0.0
+============================================================================
+
+ACCEPTANCE
+
+In order to get any license under these terms, you must agree to them as both
+strict obligations and conditions to all your licenses.
+
+COPYRIGHT LICENSE
+
+The licensor grants you a copyright license for the software to do everything
+you might do with the software that would otherwise infringe the licensor's
+copyright in it for any permitted purpose, other than distributing the software
+or making changes or new works based on the software.
+
+PATENT LICENSE
+
+The licensor grants you a patent license for the software that covers patent
+claims the licensor can license, or becomes able to license, that you would
+infringe by using the software.
+
+NONCOMPETE
+
+Providing to others any product that competes with the software is not a
+permitted purpose.
+
+COMPETITION
+
+If you use this software to market a product as a substitute for the
+functionality or value of the software, it competes with the software. A product
+may compete regardless how it is designed or deployed. For example, a product
+may compete even if it provides its functionality via any kind of interface
+(including services, libraries or plug-ins), even if it is ported to a different
+platform or programming language, and even if it is provided free of charge.
+
+FAIR USE
+
+You may have "fair use" rights for the software under the law. These terms do
+not limit them.
+
+NONCOMMERCIAL PURPOSES
+
+Any noncommercial purpose is a permitted purpose.
+
+PERSONAL USES
+
+Personal use for research, experiment, and testing for the benefit of public
+knowledge, personal study, private entertainment, hobby projects, amateur
+pursuits, or religious observance, without any anticipated commercial
+application, is use for a permitted purpose.
+
+NONCOMMERCIAL ORGANIZATIONS
+
+Use by any charitable organization, educational institution, public research
+organization, public safety or health organization, environmental protection
+organization, or government institution is use for a permitted purpose
+regardless of the source of funding or obligations resulting from the funding.
+
+FREE COMMERCIAL TRIAL
+
+Use for less than 91 consecutive calendar days to evaluate whether the software
+suits a particular application by a commercial organization, on behalf of you or
+your company, is use for a permitted purpose. To secure a license for ongoing
+commercial use, email license@bluelightai.com or contact the company via its
+website at https://bluelightai.com.
+
+NO OTHER RIGHTS
+
+These terms do not allow you to sublicense or transfer any of your licenses to
+anyone else, or prevent the licensor from granting licenses to anyone else.
+These terms do not imply any other licenses.
+
+PATENT DEFENSE
+
+If you make any written claim that the software infringes or contributes to
+infringement of any patent, your patent license for the software granted under
+these terms ends immediately. If your company makes such a claim, your patent
+license ends immediately for work on behalf of your company.
+
+VIOLATIONS
+
+If you violate any of these terms, or do anything with the software not covered
+by your licenses, all your licenses end immediately.
+
+NO LIABILITY
+
+As far as the law allows, the software comes as is, without any warranty or
+condition, and the licensor will not be liable to you for any damages arising
+out of these terms or the use or nature of the software, under any kind of legal
+claim.
+
+DEFINITIONS
+
+The **licensor** is BluelightAI, Inc.
+
+The **software** is BluelightAI Cobalt, any other software produced by
+BluelightAI that is necessary to run BluelightAI Cobalt, and all derivative
+works thereof.
+
+**You** refers to the individual or entity agreeing to these terms.
+
+**Your company** is any legal entity, sole proprietorship, or other kind of
+organization that you work for, plus all organizations that have control over,
+are under the control of, or are under common control with that organization.
+
+**Control** means ownership of substantially all the assets
+of an entity, or the power to direct its management and policies by vote,
+contract, or otherwise.  Control can be direct or indirect.
+
+**Your licenses** are all the licenses granted to you for the software under
+*these terms.
+
+**Use** means anything you do with the software requiring one of your licenses.