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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:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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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