License Agreement
Long story in short:
You can use, copy, modify and convey covered sources and products (sorce codes, documentation, 3D model, PCB boards, sets of parts, etc.) for non-commercial purposes only. You are not allowed to produce and sell Inova printers nor its parts.
We are not responsible for any damages, injuries, etc. caused in connection with the covered sources and products.
By exercising any right granted under the License, you irrevocably accept all its terms and conditions.
This License Agreement specifies the rights and obligations of company anyteq development s.r.o., registered office at Lesní 405, 251 62 Mukařov, Czech Republic, Company Id.: 172 35 839, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 368482, established under the law of the Czech Republic (“Licensor”), and any person exercising rights under this License (“Licensee or You”).
1. DEFINITIONS
1.1. For the purposes of this Agreement terms bellow have the following meaning:
Adapted Material | Means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. |
Agreement | Means this License Agreement containing License to the Product and License to the Program. |
License to the Product | Means License to deal with the Product in accordance with the terms of the Agreement. |
License to the Program | Means License to deal with the Program in accordance with the terms of the Agreement. |
Copyright | Means also copyright-like laws that apply to other kinds of works, such as semiconductor masks. |
Program | Means any copyrightable work other than Product licensed under License to the Program. |
Convey or Share | Means to communicate to the public or distribute. |
Product or Products | Means any device, component, work or physical object, whether in finished or intermediate form, arising from the use, application or processing of Covered Source. |
Make | Means to create or configure something, whether by manufacture, assembly, compiling, loading or applying Covered Source or another Product or otherwise. |
Available Component | Means any part, sub-assembly, library or code which: a) is licensed to You as Complete Source under a Compatible License; or b) is available, at the time a Product or the Source containing it is first Conveyed, to You and any other prospective licensees
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External Material | Means anything (including Source) which: a) is only combined with Covered Source in such a way that it interfaces with the Covered Source using a documented interface which is described in the Covered Source; and b) is not a derivative of or contains Covered Source, or, if it is, it is solely to the extent necessary to facilitate such interfacing. |
Covered Source | Means Source that is explicitly made available under License to the Product. |
Source | Means information such as design materials or digital code which can be applied to Make or test a Product or to prepare a Product for use, Conveyance or sale, regardless of its medium or how it is expressed. It may include Notices. |
Complete Source | Means the set of all Source necessary to Make a Product, in the preferred form for making modifications, including necessary installation and interfacing information both for the Product, and for any included Available Components. If the format is proprietary, it must also be made available in a format (if the proprietary tool can create it) which is viewable with a tool available to potential licensees and licensed under a license approved by the Free Software Foundation or the Open Source Initiative. Complete Source need not include the Source of any Available Component, provided that You include in the Complete Source sufficient information to enable a recipient to Make or source and use the Available Component to Make the Product. |
Source Location | Means a location where a Licensor has placed Covered Source, and which that Licensor reasonably believes will remain easily accessible for at least three years for anyone to obtain a digital copy. |
Notice or Notices | Means copyright, acknowledgement and trademark notices, Source Location references, modification notices and all notices that refer to License to the Product and/or License to the Program and to the disclaimer of warranties that are included in the Covered Source. |
Licensee or You | Means any person exercising rights under this License. |
URI | Uniform resource identifier. |
Licensor | Means company anyteq development s.r.o., with registered seat at Lesni 405, 251 62 Mukarov, Czechia, business ID No. 17235839. |
1.2. This Agreement is split in two parts. First part with Sections 2.1. through 2.7. specifies the rights and obligations of Licensor and Licensee in regards hardware of the Products. Second part with Sections 3.1. through 3.7. specifies the rights and obligations of Licensor and Licensee in regards to the Program.
2. PRODUCTS
2.1. Applicability
- 2.1.1. This License to the Product governs the use, copying, modification, Conveying of Covered Source and Products, and the Making of Products for non-commercial purposes only. By exercising any right granted under this License to the Product, You irrevocably accept these terms and conditions.
- 2.1.2. This License to the Product is granted by the Licensor directly to You, and shall apply worldwide and without limitation in time.
- 2.1.3. You shall not attempt to restrict by contract or otherwise the rights granted under this License to the Product to other Licensees.
- 2.1.4. This License to the Product is not intended to restrict fair use, fair dealing, or any other similar right.
2.2. Copying, Modifying and Conveying Covered Source
- 2.2.1. You may copy and Convey verbatim copies of Covered Source, in any medium, provided You retain all Notices.
- 2.2.2. You may modify Covered Source, other than Notices, provided that You irrevocably undertake to make that modified Covered Source available from a Source Location should You Convey a Product in circumstances where the recipient does not otherwise receive a copy of the modified Covered Source. In each case subsection 2.2.3 shall apply. You may only delete Notices if they are no longer applicable to the corresponding Covered Source as modified by You and You may add additional Notices applicable to Your modifications.
- 2.2.3. You may Convey modified Covered Source (with the effect that You shall also become a Licensor) provided that You:
- 2.2.3.1. retain Notices as required in subsection 2.2.2;
- 2.2.3.2. add a Notice to the modified Covered Source stating that You have modified it, with the date and brief description of how You have modified it;
- 2.2.3.3. add a Source Location Notice for the modified Covered Source if You Convey in circumstances where the recipient does not otherwise receive a copy of the modified Covered Source; and
- 2.2.3.4. license the modified Covered Source under the terms and conditions of this License to the Product. Such modified Covered Source must be licensed as a whole, but excluding Available Components contained in it or External Material to which it is interfaced, which remain licensed under their own applicable licenses.
2.3. Making and Conveying Products
- 2.3.1. You may Make Products, and/or Convey them, provided that You either provide each recipient with a copy of the Complete Source or ensure that each recipient is notified of the Source Location of the Complete Source. That Complete Source includes Covered Source and You must accordingly satisfy Your obligations set out in Section 2.2.2. If specified in a Notice, the Product must visibly and securely display the Source Location on it or its packaging or documentation in the manner specified in that Notice.
- 2.3.2. Where You Convey a Product which incorporates External Material, the Complete Source for that Product which You are required to provide under subsection 2.3.1 need not include any Source for the External Material.
- 2.3.3. You may license Products under terms of Your choice, provided that such terms do not restrict or attempt to restrict any recipients’ rights under this License to the Product to the Covered Source.
2.4. Research and Development
- 2.4.1. You may Convey Covered Source, modified Covered Source or Products to a legal entity carrying out development, testing or quality assurance work on Your behalf provided that the work is performed on terms which prevent the entity from both using the Source or Products for its own internal purposes and Conveying the Source or Products or any modifications to them to any person other than You. Any modifications made by the entity shall be deemed to be made by You pursuant to subsection 2.2.2.
2.5. Disclaimer and Liability
- 2.5.1. The Covered Source and any Products are provided as-is and as-available and any express or implied warranties, including, but not limited to, implied warranties of satisfactory quality, non-infringement of third-party rights, and fitness for a particular purpose or use are disclaimed in respect of any Source or Product to the maximum extent permitted by law. The Licensor makes no representation that any Source or Product does not or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of any Source or Product shall be with You and not the Licensor. This disclaimer of warranty is an essential part of this License to the Product and a condition for the grant of any rights granted under this License to the Product.
- 2.5.2. The Licensor shall, to the maximum extent permitted by law, have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Covered Source, modified Covered Source and/or the Making or Conveyance of a Product, even if advised of the possibility of such damages, and You shall hold the Licensor(s) free and harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.
- 2.5.3. The Licensee shall use all reasonable care to protect its own safety and health and the safety and health of persons affected by its acts or omissions in handling the Product.
- 2.5.4. The Licensee agree not to hold the Licensor responsible for injuries or damages they may suffer in connection with the handling of the Product.
- 2.5.5. The Licensor shall not be liable for any damages incurred by the Licensee in connection with movement of mechanical parts of the Product or overheating of the Product.
- 2.5.6. The Licensor shall not be liable for any injury to the Licensee caused by an electric current or laser beam.
- 2.5.7. In the cases where the liability of the Licensor for the damage caused cannot be excluded and the Licensee’s claims may not be lawfully waived, but the Licensor’s liability may be limited, it holds that the entire obligation of the Licensor to compensate for damage shall be limited to the amount paid by the Licensee for using the Product, or to the amount of USD 10.
2.6. Patents
- 2.6.1. Patent and trademark rights are not licensed under this License to the Product.
- 2.6.2 If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Covered Source or a Product constitutes direct or contributory patent infringement, or You seek any declaration that a patent licensed to You under this License to the Product is invalid or unenforceable then any rights granted to You under this License to the Product shall terminate as of the date such process is initiated.
2.7. General
- 2.7.1. If any provisions of this License to the Product are or subsequently become invalid or unenforceable for any reason, the remaining provisions shall remain effective.
- 2.7.2. You shall not use any of the name (including acronyms and abbreviations), image, or logo by which the Licensor is known, except where needed to comply with section 2.2, or where the use is otherwise allowed by law. Any such permitted use shall be factual and shall not be made so as to suggest any kind of endorsement or implication of involvement by the Licensor or its personnel.
- 2.7.3. This License to the Product shall terminate with immediate effect if You fail to comply with any of its terms and conditions.
- 2.7.4. This License to the Product shall not be enforceable except by a Licensor acting as such, and third-party beneficiary rights are specifically excluded.
3. PROGRAM
3.1. Scope of the License
- 3.1.1. Subject to the terms and conditions of this License to the Program, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the licensed rights in the Licensed Program to:
- 3.1.1.1.reproduce and Share the Licensed Program, in whole or in part, for non-commercial purposes only; and
- 3.1.1.2. produce, reproduce, and Share Adapted Material for non-commercial purposes only.
- 3.1.2. For the avoidance of doubt, where exceptions and limitations apply to Your use, this License to the Program does not apply, and You do not need to comply with its terms and conditions.
- 3.1.3. The term of this License to the Program is specified in 3.5.1.
- 3.1.4. The Licensor authorizes You to exercise the Licensed rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this License to the Program, simply making modifications authorized by this Section 3.1.4 never produces Adapted Material.
- 3.1.5. Every recipient of the Licensed Program automatically receives an offer from the Licensor to exercise the Licensed rights under the terms and conditions of this License to the Program.
- 3.1.6. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Program if doing so restricts exercise of the Licensed rights by any recipient of the Licensed Program.
- 3.1.7. Nothing in this License to the Program constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Program is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3.2.2.1.1.
- 3.1.8. Moral rights, such as the right of integrity, are not licensed under this License to the Program, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed rights, but not otherwise.
- 3.1.9. Patent and trademark rights are not licensed under this License to the Program.
- 3.1.10. To the extent possible, the Licensor waives any right to collect royalties 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, including when the Licensed Program is used other than for non-commercial purposes.
3.2. License Conditions
- 3.2.1. Your exercise of the Licensed rights is expressly made subject to the following conditions.
- 3.2.2. If You Share the Licensed Program (including in modified form), You must:
- 3.2.2.1. retain the following if it is supplied by the Licensor with the Licensed Program:
- 3.2.2.1.1 identification of the creator(s) of the Licensed Program and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
- 3.2.2.1.2 a copyright Notice;
- 3.2.2.1.3 a Notice that refers to this License to the Program;
- 3.2.2.1.4 a Notice that refers to the disclaimer of warranties;
- 3.2.2.1.5 a URI or hyperlink to the Licensed Program to the extent reasonably practicable;
- 3.2.2.2. indicate if You modified the Licensed Program and retain an indication of any previous modifications; and
- 3.2.2.3. indicate the Licensed Program is licensed under this License to the Program, and include the text of, or the URI or hyperlink to, this License to the Program.
- 3.2.2.1. retain the following if it is supplied by the Licensor with the Licensed Program:
- 3.2.3. You may satisfy the conditions in Section 3.2.3 in any reasonable manner based on the medium, means, and context in which You Share the Licensed Program. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
- 3.2.4. If requested by the Licensor, You must remove any of the information required by Section 3.2.2.1 to the extent reasonably practicable.
- 3.2.5. If You Share Adapted Material You produce, the Adapter’s License You apply must not prevent recipients of the Adapted Material from complying with this License to the Program.
3.3. Sui Generis Database Rights
- 3.3.1 Where the Licensed rights include Sui Generis Database Rights that apply to Your use of the Licensed Program:
- 3.3.1.1. for the avoidance of doubt, Section 3.1.1 grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for non-commercial purposes only;
- 3.3.1.2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
- 3.3.1.3. You must comply with the conditions in Section 3.2.2 if You Share all or a substantial portion of the contents of the database.
- 3.3.2. For the avoidance of doubt, this Section 3.3. supplements and does not replace Your obligations under this License to the Program where the Licensed rights include other Copyright and Similar Rights.
3.4. Disclaimer of Warranties and Limitation of Liability
- 3.4.1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Program as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Program, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, 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. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
- 3.4.2. 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 to the Program or use of the Licensed Program, 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.
- 3.4.3. 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.
3.5. Term and Termination
- 3.5.1. This License to the Program applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License to the Program, then Your rights under this License to the Program terminate automatically.
- 3.5.2. Where Your right to use the Licensed Program has terminated under Section 3.5.1, it reinstates:
- 3.5.2.1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
- 3.5.2.2. upon express reinstatement by the Licensor.
- 3.5.3. For the avoidance of doubt, this Section 3.5.2 does not affect any right the Licensor may have to seek remedies for Your violations of this License to the Program.
- 3.5.4. For the avoidance of doubt, the Licensor may also offer the Licensed Program under separate terms or conditions or stop distributing the Licensed Program at any time; however, doing so will not terminate this License to the Program.
- 3.5.5. Sections 1; 3.4.; 3.5.; 3.6. and 3.7. survive termination of this License to the Program.
3.6. Other Terms and Conditions
- 3.6.1.The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
- 3.6.2. Any arrangements, understandings, or agreements regarding the Licensed Program not stated herein are separate from and independent of the terms and conditions of this License to the Program.
3.7. Interpretation
- 3.7.1. For the avoidance of doubt, this License to the Program does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Program that could lawfully be made without permission under this License to the Program.
- 3.7.2. To the extent possible, if any provision of this License to the Program 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 to the Program without affecting the enforceability of the remaining terms and conditions.
- 3.7.3. No term or condition of this License to the Program will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
- 3.7.4. Nothing in this License to the Program 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.
4 FINAL PROVISIONS
4.1. This Agreement has been drawn up in the English language only.
4.2 All disputes arising under or relating to this Agreement shall be governed by, and construed in accordance with, the laws of Czechia. Each Party irrevocably agrees that the courts of Czechia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement.