DIGIMARC® MOBILE SDK END USER LICENSE AGREEMENT

Between: Digimarc Corporation, an Oregon corporation, having offices at 8500 SW Creekside Place, Beaverton, Oregon 97008, USA (“Digimarc”).

And: You (“you”).

This Digimarc Mobile SDK End User License Agreement (the “Agreement”) is between you, or the employer or other entity on behalf of whom you are accepting this Agreement, and Digimarc. This Agreement regulates your use of the Digimarc Mobile SDKs (the “Software”). You may have a standalone written agreement with Digimarc granting you rights to use the Software (a “License Agreement”), in which case your use of the Software within the scope of that License Agreement is subject to that License Agreement and not this Agreement. Your use of the Software outside the scope of a License Agreement is subject to this Agreement.

Effective Date: The date you accept this Agreement.

READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. YOU ARE NOT PERMITTED TO DOWNLOAD OR USE THE SOFTWARE UNTIL YOU HAVE ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE SOFTWARE.

  • Acceptance. By indicating your acceptance of this Agreement, or downloading or using the Software, you agree to this Agreement.You represent and warrant to Digimarc that you have the full legal authority to enter into this Agreement. If you are agreeing to be bound by this Agreement on behalf of your employer or another entity, you represent and warrant to Digimarc that you have the full legal authority to bind your employer or that other entity to this Agreement.

  • Account Requirement; License Key. Use of the Software requires a My Digimarc account and a license key from Digimarc, both available on Digimarc’s website at http://www.digimarc.com. Use of the Software is subject to (a) this Agreement, (b) the online Digimarc Terms of Use and the Digimarc Software Evaluation License Agreement on Digimarc’s website at http://www.digimarc.com (collectively, the “Terms of Use”). The Software is “Evaluation Software” under the Terms of Use.

  • License. Digimarc hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to download, use internally, reproduce, and distribute internally the Software for your internal, non-commercial evaluation. The terms of this Agreement govern all Software modifications, updates, and upgrades provided by Digimarc. You shall not distribute the Software to any third party, including as incorporated in any application.

  • Copying and Reverse Engineering. You shall not copy, replicate, modify, adapt, translate, alter, decompile, disassemble, reverse engineer, or create derivative works of, the Software, other than as expressly permitted by this Agreement or the Terms of Use. If you create any derivative works in violation of this Agreement, those derivative works belong to Digimarc, and you hereby assign all right, title, and interest in and to those derivative works to Digimarc.

  • Ownership. The Software is licensed and not sold to you. You shall not challenge any aspect of Digimarc’s rights in the Software. The Software is protected by copyright, patent, and other intellectual property laws and by international treaties. You shall not remove, alter, or destroy any copyright, patent, or trademark notice, or other proprietary markings or confidentiality legends, placed on the Software.

  • Termination. This Agreement will remain in effect until terminated. You may terminate this Agreement at any time for any reason on written notice to Digimarc. This Agreement will automatically terminate if you violate this Agreement or the Terms of Use or on termination of the Terms of Use. On termination of this Agreement, you must cease using and destroy all copies of the Software in your possession or control. Use of the Software after termination of this Agreement will violate Digimarc’s intellectual property rights under U.S. and international law and may be subject to penalties.

  • WARRANTY DISCLAIMER. THE SOFTWARE IS LICENSED “AS IS” AND “AS PROVIDED” WITHOUT WARRANTY OF ANY KIND. DIGIMARC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIGIMARC HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS TO HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY OF THOSE IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.

  • LIMITATION OF LIABILITY. DIGIMARC IS NOT LIABLE FOR ANY DAMAGES ARISING FROM LOSS OF DATA OR USE, LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL DIGIMARC’S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED US $5.00.

  • Notices. Notices to Digimarc must be sent by registered, pre-paid, certified mail, return receipt requested, to Digimarc’s then-current address posted on Digimarc’s website at http://www.digimarc.com. Notice is effective when received or when the return receipt shows the notice was rejected.

  • Export Rules. You shall not ship, transfer, or export the Software to, or use the Software in, any country prohibited by the United States Export Administration Act or in violation of any other export laws, restrictions, or regulations (collectively, the “Export Laws”). You represent and warrant to Digimarc that you are not a citizen of, or otherwise located in, a country that is subject to a U.S. Government embargo, or that has been otherwise designated by the U.S. Government as a “terrorist supporting” country (including Iran, Syria, Sudan, Cuba, and North Korea), and that you are not on any U.S. Government list of prohibited or restricted parties, or otherwise prohibited under the Export Laws from receiving the Software.

  • Miscellaneous. If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, every other provision of this Agreement will remain in full force and effect. This Agreement is governed by the laws of the State of Oregon, USA, excluding its conflict of law provisions. The state and federal courts of Portland, Oregon, USA have exclusive jurisdiction to resolve all disputes arising out of or relating to this Agreement. You irrevocably waive any objection to the jurisdiction of those courts.The failure of Digimarc to enforce any provision of this Agreement is not a waiver of the right of Digimarcto enforce that provision. Any waiver grantedby Digimarc under this Agreement is effective only if made in a writing signed by Digimarc. You shall not assign this Agreement to any third party without Digimarc’s prior written consent. Any purported assignment in violation of these terms is void from its inception. Digimarc may assign this Agreement to any third party without your consent. No other person or entity is a third-party beneficiary to this Agreement.

  • Entire Agreement; Conflicts. This Agreement and the Terms of Use form the complete agreement between the parties as to its subject matter and supersede all earlier agreements or discussions regarding the Software. This Agreement may only be modified by a writing signed by Digimarc. Any conflict between this Agreement and the Terms of Use will be resolved according to the following order of precedence: (a) this Agreement, and (b) the Terms of Use.

  • If you have questions concerning this Agreement, please contact Digimarc’s Customer Care Group at notices@digimarc.com or call +1 800 DIGIMARC (344-4627), ext. 4704.

    The Software includes the following third-party components:

    Zxing (including jai-imageio)

    Zxing:

    Copyright 2008 ZXing Authors.

    Licensed under the Apache License, Version 2.0 (the “Apache License”); you may not use this file except in compliance with the Apache License. You may obtain a copy of the Apache License at:

    http://www.apache.org/licenses/LICENSE-2.0.

    Software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.

    jai-imageio:

    Copyright (c) 2005 Sun Microsystems, Inc.

    Copyright (c) 2010-2014 University of Manchester

    Copyright (c) 2010-2015 Stian Soiland-Reyes

    Copyright (c) 2015 Peter Hull

    All Rights Reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    This software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MIDROSYSTEMS, INC. (“SUN”) AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.

    Yajl

    Copyright 2007-2011, Lloyd Hilaiel.

    Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

    THE SOFTWARE IS PROVIDED “AS IS” AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

    Project Ne10

    Copyright 2012-2016 ARM Limited and Contributors. All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    Neither the name of ARM Limited nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY ARM LIMITED 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 ARM LIMITED AND 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.

    Material Design Icons

    Copyright Google LLC.

    Licensed under the Apache License, Version 2.0 (the “Apache License”); you may not use this file except in compliance with the Apache License. You may obtain a copy of the Apache License at:

    http://www.apache.org/licenses/LICENSE-2.0.

    Software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the License.

    Relinker

    Copyright 2015 - 2016 Keepsafe Software Inc.

    Licensed under the Apache License, Version 2.0 (the “Apache License”); you may not use this file except in compliance with the Apache License. You may obtain a copy of the Apache License at:

    http://www.apache.org/licenses/LICENSE-2.0.

    Software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the License.

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