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Terms of Conditions("License Agreement")
DLR (hereinafter the "Licenser") provides software modules written in
MATLAB (hereinafter the "CODE") for the implementation of the PHY and
MAC layers of LDACS (L-Band Digital Aeronautical Communication System)
for certain purposes. The mentioned LDACS layers have been developed
mainly at DLR. The CODE follows the specification published on
http://www.ldacs.com/.
Any use of the CODE is subjected to the following terms and conditions
(hereinafter the "License"). For the download, DLR requires your name
and the name of your organization. DLR will use your data only for
purposes in connection with the License. By downloading the CODE, you
(hereinafter the "Licensee") certify to have read and understood the
License and declare to abide by the terms and conditions:
- Licenser grants to Licensee a non-exclusive, non-transferable
license for the usage of the CODE in commercial and non-commercial
activities; the CODE is provided as source code.
- Licenser holds the exclusive copyrights for the CODE. This License
does not change Licenser's copyrights in the CODE, its modules nor in
any new or modified modules. Licensee may neither disclose the CODE
licensed under this License to any third party nor may he sublicense
the CODE to any third party.
- Any module of the CODE parts thereof as well as all documentation
of this CODE are exclusively owned by Licenser and may neither be
released by Licensee to any third party without the prior written
agreement of the Licenser nor sublicensed to any third party.
- In order to honour the aforementioned copyrights it is expected
that Licensee will give credit for the use of the CODE in any
scientific, technical and commercial publication presenting results
obtained with the CODE.
- Licensee accepts that the CODE is provided in an "AS IS"
condition. He is aware of the fact the CODE is the result of
scientific research. Therefore, regarding the CODE or any part
thereof, no warranty is given or implied, including, but not limited
to, non-infringement of third party rights, accuracy,
merchantability, fitness of the CODE for a particular purpose.
Furthermore, Licenser shall not be held liable for any damages
whatsoever suffered or incurred by Licensee or any third party to
whom Licensee gives usage of the CODE (including but not limited to
general, special, consequential or incidental damages including
damages for loss of business profits, business interruption, loss of
business information and the like), arising from or in connection
with the use or performance of the CODE. Licensee indemnifies
Licenser with respect to all claims of third parties based on product
liability. Licensee also holds Licenser harmless from any claims of
third parties based on statements by Licensee with respect to the
licensed CODE.
- All data and information which Licenser communicates to Licensee
during the term of this License Agreement is confidential
vis-à-vis third parties. It may only be communicated,
disclosed or transferred to third parties with Licenser's prior
written consent. Any confidential information whatsoever is only open
for internal use of Licensee on a strict need-to-know-basis and will
be protected and kept in confidence by him with at least the same
degree of care and safeguard as he uses to protect his own
confidential information, it being understood that such degree of
care shall be at least a reasonable one. If the requirements and
conditions of the present confidentiality clause are seriously
violated, Licenser has the right to hold the Licensee liable for any
damage whatsoever.
- After expiration or termination of this License, the Licensee
agrees not to use the CODE or any part of it in any commercial
activity without having obtained prior written permission by the
Licenser. Furthermore the CODE – stating its status at
expiration or termination of the License – will be returned to
the Licenser including all corresponding documentation within thirty
(30) days as of the expiration or termination of this License.
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