ShareAR Non-Exclusive App Development and Non-Commercial Research Use License
Non-exclusive App Development and Non-commercial Research Use License
© 2017-2019 University of Washington.
Pat. Pending 62/849,816
This Non-exclusive App Development and Non-commercial Research Use License (“License”) is between the company or individual listed in the contact information you provide below (“YOU”) and the University of Washington. If YOU are agreeing to this License as an individual, enter ‘none’ under Organization. This means no company has rights under YOUR license. If YOU are agreeing to this License as an agent of YOUR company, ensure that you are authorized to agree to this License on behalf of the company and include YOUR company name in the Organization field.
The University of Washington has a pending US patent application, application number 62/849,816, with claims implemented by Software (“Pending Patent”).
ShareAR is software developed at the University of Washington by Kimberly Ruth, and Drs. Tadayoshi Kohno and Franziska Roesner. ShareAR is software that facilitates security- and privacy-aware content sharing between multiple users of an augmented reality application (“Software”).
YOU and the University of Washington agree as follows:
“App” and “Apps” means the software created by You resulting from Your App Development.
"App Development" means Your creation of standalone software that does not provide a runtime environment for additional software, and is not a Library.
"Library" means software that is intended to be bundled with other software to form an application.
"Purposes" means App Development and Research Use, and explicitly excludes Platform development.
"Platform" means software that provides a runtime environment for additional software.
"Research Use" means use by YOU and if YOU are a company, employees at your company or institution, for internal research activities. Internal research activities excludes Platform development.
"ShareAR App" means an App containing all or any part of Software.
"YOU/YOUR" means the individual or company identified in the contact information provided by the person agreeing to the License.
- LICENSE GRANT
University grants to YOU for App Development a nonexclusive, nontransferable license to Software to modify and reproduce in support of App Development, to perform publicly as part of your ShareAR App in object code format, and to distribute ShareAR App in object code format. University grants YOU the right to sublicense the rights to perform and display the Software, in original or modified form, solely as part of ShareAR Apps and solely to end-users whose only rights to Software are to use the ShareAR App in object code form.
- University grants to YOU for Research Use a nonexclusive nontransferable license to Software to modify and reproduce Software, and to perform and display Software internally. Explicitly excluded are the rights to (i) distribute Software or modifications to Software to any third parties, and (ii) to perform and display publicly Software or modifications.
- Provided a patent issues from the Pending Patent and to the extent required to exercise the rights granted under this License for Your ShareAR Apps, University grants to You, under its Pending Patent rights, a nonexclusive license to make, use, offer to sell, sell, and import, solely for ShareAR Apps.
University grants to You a nonexclusive license under the Pending Patent to the rights to make and use for internal Research Use.
- For commercial use rights other than App Development and distribution as licensed herein, contact University of Washington’s technology transfer office at email@example.com or call 206-543-3970 and inquire about the ShareAR project (UW ref# 48618 & 48718).
- The term of this License shall begin upon the date You agree to the License and continue for thirty years. You may terminate this License at any time by sending a notice to firstname.lastname@example.org stating that you are terminating your Express License for ShareAR Software UW Ref# 48618. University may terminate this License if You, in the sole opinion of University, breach the terms of this License. Upon termination all rights granted herein will terminate, but end-user rights in ShareAR Apps delivered to end-users prior to termination shall survive.
- Nothing in this License binds the University to provide any support, pursue any infringers, or to continue to pursue prosecution or maintenance of the Pending Patent or any subsequent patent.
- Distributions of all ShareAR Apps must reproduce the University copyright notice, patent markings, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution.
- You agree not to use Software for any use or in any App that puts humans or animals at risk.
- Neither the name of the University of Washington nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
- You release University and its regents, employees, and agents forever from any and all suits, actions, claims, liabilities, damages, demands, losses or expenses relating to or arising from Your use of the Software.
- You will indemnify, defend, and hold harmless the University and its regents, agents, and employees from all third party suits, actions, claims, liabilities, demands, damages, losses, or expenses based on University’s role in developing Software and relating to or arising out of Your use of the rights or ShareAR Apps granted herein.
- The rights and licenses granted by University in this License are personal to You and You will not assign your interest or delegate your duties.
- THIS SOFTWARE IS PROVIDED BY THE UNIVERSITY OF WASHINGTON AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE UNIVERSITY OF WASHINGTON OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- The internal law of the state of Washington will govern the validity, enforceability and construction of this License without giving effect to the conflict of laws principles thereof. Any suit, claim, or other action to enforce the terms of this License will be brought exclusively in the state and federal courts of King County, Washington. You hereby submit to the jurisdiction of that court and waive any objections You may have to that court asserting jurisdiction over You or your assets and property.
- If any information you provided to University is inaccurate, this license is void and you have no rights to ShareAR.
- This License is the final understanding between the parties concerning Software.