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LICENSE
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Copyright © 2023 The Regents of the University of Colorado, a body corporate.
All Rights Reserved. Contact charles.wade@colorado.edu with any questions or
comments.
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The Program is the property of The Regents of the University of Colorado, a
body corporate, (CU or the University). CU hereby reserves all rights in the
Program (defined below) not expressly granted herein. In addition to being
subject to copyright protection, the use of this Program is covered by a
pending patent application. Any use, copy, publication, distribution, display,
modification, or transmission of the Program in whole or in part in any form or
by any means outside the rights expressly granted in this Notice without the
written permission of CU is strictly prohibited.
The Program consists of the computer software code known as “Systems and
Processes for Volumetric Multi-Material 3D Models” also known as “OpenVCAD”,
“VCAD” or similar, and the associated documentation, for making volumetric
multi-material 3D models.
You (the user or recipient of the Program) desire to acquire a license to use
the Program in accordance with the terms set forth in this Notice.
BY DOWNLOADING AND USING THIS PROGRAM, IN WHOLE OR IN PART, YOU AGREE TO COMPLY
WITH AND BE BOUND BY ALL TERMS IN THIS NOTICE. THE TERMS OF THIS NOTICE ALSO
APPLY TO ALL YOUR CONTRIBUTIONS (DEFINED BELOW). IN RETURN, THE UNIVERSITY
AGREES THAT IT SHALL NOT USE YOUR CONTRIBUTIONS IN A WAY THAT THE UNIVERSITY
BELIEVES IS CONTRARY TO THE PUBLIC BENEFIT. IF YOU DO NOT WISH TO COMPLY WITH
OR BE BOUND WITH THE TERMS OF THIS NOTICE YOU MUST IMMEDIATELY CEASE USE OF THE
PROGRAM AND DELETE ALL COPIES OR MODIFICATIONS OF THE PROGRAM COMPLETELY. If
You agree to these terms on behalf of an organization, You hereby represent to
CU that You are authorized to accept these terms on its behalf.
1. Definitions:
“Contributor” means the copyright owner or legal entity authorized by the
copyright owner of any Contribution (defined below) submitted to the
University. For legal entities, the entity making a Contribution and all
other entities that control, are controlled by, or are under common control
with that entity are considered to be a single Contributor. For the
purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of
the outstanding shares, or (iii) beneficial ownership of such entity.
“Contribution” means any original work of authorship, including any
modifications or additions to the Program, that is intentionally submitted
to the University for inclusion in, or documentation of, the Program. For
the purposes of this definition, “submitted” means any form of electronic,
verbal, or written communication sent to the University or its
representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that
are managed by, or on behalf of, the University for the purpose of
discussing and improving the Program, but excluding communication that is
conspicuously marked and designated in writing as “Not a Contribution”.
2. Grant of Copyright License for the Program: Subject to the terms and
conditions of this Notice, CU hereby grants to You a non-exclusive license
under CU’s copyright in the Program to use the Program for Your own
noncommercial academic or personal research.
3. Grant of Patent License for the Program: Subject to the terms and
conditions of this Notice, CU hereby grants to You a non-exclusive license
under CU’s patent rights covering the Program to make, have made, use
import, and otherwise transfer the Program to Your collaborators for Your
own noncommercial academic or personal research, provided that the
foregoing patent license is granted under only those patent claims that are
necessarily infringed by Your Contribution(s). . If You institute patent
litigation against any third party (including a cross-claim or counterclaim
in a lawsuit) alleging that the Program or a Contribution incorporated
within the Program constitutes direct or contributory patent infringement,
then any patent licenses granted to You under this Notice for the Program
and Your Contributions shall terminate as of the date such litigation is
filed.
4. Terms of Use of the Program. You may only use this Program for Your
noncommercial research and development efforts on behalf of a nonprofit
organization, or noncommercial research within and on behalf of a nonprofit
organization, or your own personal noncommercial activities. You may make
derivative works or modifications to the Programs, but only for Your
noncommercial research and development efforts within or on behalf of a
nonprofit academic or research organization, or your own personal
noncommercial activities. You may not remove or modify the copyright,
trademarks, or other proprietary notices and disclaimers as they appear in
the Program. You may distribute or publish the Program or any derivative
works of the Program made by You, provided that You must limit any further
use of the Program or derivative works to only noncommercial research and
development on behalf of a nonprofit academic or research organization, or
personal noncommercial activities. You shall not use the Program, any
portion thereof or any derivative works of the Program for any commercial
purposes. Commercial purposes for the purpose of this Notice include, but
are not limited to, providing services for others, distributing larger
programs that contain this Program and exchanging this Program or
derivative works of the Program in any manner for any form of compensation,
in-kind or otherwise. To the extent that You publish any results from the
use of the Program or derivative works of the Program, You must properly
acknowledge the Program as developed by the Matter Assembly Computation Lab
at the University of Colorado Boulder, and cite the published reference(s).
The recommended reference citation(s) for the Program is/are provided in
the Program documentation. This Notice is limited to the rights of The
Regents of the University of Colorado in the Program and does not include
any rights to other intellectual property. Your rights under this Notice
will terminate immediately and automatically if You fail to comply with any
of the terms and conditions of this Notice. Immediately upon termination,
You must cease all use of the Program and any derivative works of the
Program, destroy all copies of the Program and any derivative works of the
Program in Your possession or control. Termination of this Notice will not
limit any of CU’s rights or remedies at law or in equity. You acknowledge
that the Program is subject to U.S. export jurisdiction. You agree to
comply with all applicable international and national laws that apply to
the Program, including the U.S. Export Administration Regulations, as well
as end-user, end-use, and destination restrictions issued by U.S. and other
governments. The Program is distributed “as-is”, and CU has no obligation
to provide any maintenance, updates, additional documentation or services.
5. Grant of Copyright License to Your Contributions. By submitting
Contributions to CU, Contributor grants to CU a non-exclusive, royalty free
license under Contributor’s copyright in the Contribution to use, reproduce,
modify, distribute, transmit, create derivative works from, publicly display
and publicly perform the Contribution for any purpose. CU may, in its sole
discretion, include your Contribution when licensing the Program under these or
any other license terms. To the extent that CU distributes or publishes a
Contribution or incorporates the Contribution into the Program, CU agrees to
give appropriate attribution to Contributor as prescribed by Contributor.
However, nothing in this Notice obligates CU to incorporate any Contribution
into the Program, and CU may elect not to publish or distribute a Contribution
in its sole discretion.
6. With respect to any of Your Contributions, You represent that you are legally
entitled to grant the above license to such Contributions. You represent that
each of Your Contributions is Your original creation (see Section 8 for
submissions on behalf of others). You represent that Your Contribution
submissions include complete details of any third-party license or other
restriction (including, but not limited to, related patents and trademarks)
of which You are aware and which are associated with any part of Your
Contributions. You represent and warrant that You will not submit any
materials to University that You know or believe to have components that
are malicious or harmful. You represent that, with regard to all
representations in Section 6, You will perform a reasonable amount of due
diligence in order to be properly informed of third party licenses,
infringing materials or harmful content associated with any part of Your
Contribution.
7. You are not expected to provide support for Your Contributions, except to
the extent You desire to provide support. You may provide support for free,
for a fee, or not at all.
8. Should You wish to submit work that is not Your original creation, You may
submit it to the University separately from any Contribution, identifying
the complete details of its source and of any license or other restriction
(including, but not limited to, related patents, trademarks, and license
agreements) of which You are personally aware, and conspicuously marking
the work as "Submitted on behalf of a third-party: [named here]".
9. You agree to notify the University of any facts or circumstances of which
You become aware that would make Your representations inaccurate in any
respect. You agree to notify the University of any administrative or court
proceeding that involve Your Contributions.
10. CU DISCLAIMS, ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS
(EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE PROGRAM OR ANY
PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY
PURPOSE (WHETHER OR NOT CU KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR
IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE
BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
11. You are solely responsible for any and all losses or expenses arising from
or otherwise in respect of Your use of the Program or derivative works of
the Program.
12. You agree that this Notice, will be governed and construed in accordance
with the laws of the State of Colorado.
13. You acknowledge and agree that nothing contained in this Notice shall be
construed as an express or implied waiver of any immunity of the
University, either sovereign or governmental under the Colorado
Governmental Immunity Act.
14. You agree that Your Contribution shall not contain any item(s) that are
either export-controlled under the International Traffic in Arms
Regulations, or that appear on the Commerce Control List (except as
EAR99) of the Export Administration Regulations.
15. The invalidity, illegality, or unenforceability of any one or more phrases,
sentences, clauses, or sections in this Notice does not affect the remaining
portions of this Notice.