Last updated: September 13, 2023

These terms govern your use of our website and services (collectively, “Services”) and software and related documentation that we include or make available to you as part of or in connection with the Services (collectively, “Software”). By using the Services or Software, you agree to these terms, including applicable Additional Terms. If you have entered into another agreement with us concerning specific Services or Software (a “Standalone Agreement”), your use of the Services or Software within the scope of that Standalone Agreement is also subject to the terms of that Standalone Agreement during the period that Standalone Agreement is in effect.

1. Terms of Acceptance.

Eligibility. You may only use the Services and Software if you are over 18 years old. You may not use the Services or Software if you are a person barred from doing so under the laws of the United States or other countries. Use of the Services or Software in Cuba, Iran, North Korea, Sudan, Syria, and the Crimea Region of Ukraine is prohibited. If you are using the Services or Software on behalf of your employer, you are binding your employer to these terms.

Privacy. The Digimarc Privacy Policy at https://www.digimarc.com/legal/privacy-policy (“Privacy Policy”) governs personal data you provide to us through your use of the Services and Software. By using the Services or Software you agree to the terms of the Privacy Policy. Personal data you provide us may be transferred to, stored, and processed in the United States or any other country where we, our affiliates, and our service providers maintain facilities. You may provide us personal data as a data controller, as that principle is defined by applicable law. With respect to that personal data, you appoint us to perform transfers of that personal data to any of those countries and to store and process that personal data to provide the Services and Software, to analyze use of the Services and Software, and to improve the Services and Software. We will process that personal data in accordance with the Data Processing Agreement at https://www.digimarc.com/legal/data-processing-agreement.

Credentials. You are responsible for all activity that occurs via your account.

Additional Terms. Some Services or Software are also subject to the additional terms below (“Additional Terms”). We may add or amend Additional Terms from time to time.

Conflict. In case of conflict between these terms, any Additional Terms, and the terms of any Standalone Agreement, that conflict will be resolved in the following order of precedence: (i) that Standalone Agreement, (ii) the Additional Terms, and (iii) these terms.

Modification. We may modify, update, or discontinue any Services or Software at any time without notice or liability to you.

2. Services.

License. Subject to your compliance with these terms, you may access and use the Services made available to you. Some Services are subscription-only or invitation-only.

Intellectual Property. We and our licensors are the sole owners of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.

Use. You agree to use the Services and Software only as intended, and in compliance with all applicable laws and regulations, including re-export laws and regulations.

Misuse. You must not misuse the Services, Software, or content that we provide to you, including by: (a) copying, modifying, sublicensing, or reselling the Services, Software, or content; (b) enabling or allowing others to use the Service, Software, or content using your credentials; (c) accessing the Services by any means other than those we intend and make available to you; (d) circumventing any access or use restrictions; (e) sharing content or engaging in behavior that violates anyone’s copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, or any other proprietary rights; (f) uploading or sharing any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful; or (g) impersonating or misrepresenting your affiliation with any person or entity.

Third Party Services. Your use of the Services may require you to access third party websites or services such as those of an online payment processor. We are not responsible for the content of, or services offered by, any third-party website or service or any losses you incur by using third party websites or services.

3. Content You Provide Us.

Your Content. You may provide us with content in connection with your use of the Services and Software. You represent and warrant to us that you own or have sufficient rights to all content that you provide us and to grant us the license granted below.

License. You hereby grant us a perpetual, irrevocable, worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, and distribute your content in connection with providing the Services and Software and to improve our products and services. We may remove your content at any time without notice or liability to you.

Feedback. You are not required to provide us with any suggestions, ideas, or feedback (“Feedback”). However, any Feedback you provide us may be used freely by us, and you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferrable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform that Feedback.

4. Content We Provide You.

Our Content. Any Software or other content that we provide to you is licensed, not sold, to you, and may be subject to Additional Terms.

Confidential Information. We may provide or make available to you our confidential information through your use of the Services or Software (“Confidential Information”). You must only use our Confidential Information for your internal business purposes in connection with your use of the Services and Software. You may not access or use any Services or Software or any Digimarc Confidential Information to develop competing products or services; evaluate, monitor, or benchmark the availability or performance of the Services or Software for competitive purposes; or engage in any activities that directly replicate, imitate, or exploit the functionalities of the Services, Software, or any other Digimarc technology for commercial gain or competitive advantage. We may require you to return or destroy Confidential Information at any time for any reason, and you agree to do so on our request.

Federal Defend Trade Secrets Act Notice. 18 U.S.C. § 1833(b) states: “An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that—(A) is made—(i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit in retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to an attorney of the individual and use the trade secret information in the court proceeding, if the individual—(A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.”

Reverse Engineering. You must not reserve engineer, decompile, redistribute, create derivative works from, or modify the Services or Software.

Attribution. You must provide Digimarc attribution in connection with your products and services using Digimarc technology, including by noting in documentation and related materials that those products and services are “under license from Digimarc Corporation.” You must not state that Digimarc technology is your own technology.

Third Party Materials. You must not use the Software in connection with any code, data, or other materials that are subject to a license that imposes obligations on Digimarc to distribute or disclose any source code or data, or that permits reverse engineering or replacement of the Software.

5. Trademarks.

You must not create any branding for products or services that utilize the Services or Software that uses or is similar to any Digimarc trademark, whether registered or not. Any goodwill arising out of or relating to your use of any of our trademarks, whether registered or not, will inure to our sole benefit.

6. Fees and Payment.

Fees and Payment. Your use of the Services and Software may be subject to stated fees, and you agree to pay those fees, including associated taxes. Invoices are payable within 30 days of the invoice date. Overdue amounts will bear interest at 1% per month or the maximum rate allowed under applicable law. You are responsible for all related collection costs and expenses.

Fee Changes. We may implement new fees or revise current fees at any time without prior notice or liability to you. If you disagree with any new or revised fees, you must cease using the Services or Software subject to those fees immediately.

7. Term and Termination.

Term. These terms will remain in effect until terminated by us or you.

Termination by Us. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software, including if: (a) you breach any provision of these terms; (b) you fail to timely pay any fees for the Software or the Services; (c) we elect to discontinue the Services or Software, in whole or in part; or (d) there has been an extended period of inactivity on your account.

Termination by You. You may cease using the Services and Software at any time.

Survival. On termination of these terms, any licenses you have granted us, your indemnification obligations, our warranty disclaimers and limitations of liability, and the dispute resolution provisions will survive. On termination of the Services, some or all the Software may cease to operate without prior notice. Termination of these terms will not relieve you of your obligation to pay any outstanding fees.

8. Investigations.

We may investigate any potential violation of these terms. If we determine that your use of any Services or Software may have resulted in any criminal activity, we may refer the matter to appropriate law enforcement, and comply with any investigation of the matter, including by providing any of your information to law enforcement in connection with an investigation.

9. Indemnity.

To the extent permitted by applicable law, you, or if you represent a business, the business you represent, agree to indemnify and hold harmless Digimarc and its affiliates, officers, employees, and agents from any claim, suit, or action arising from or relating to your use of any Services or Software, your content, your use of content, or your violation of these terms, including liability and expenses arising from claims, losses, damages, suits, judgment, litigation costs, and attorneys’ fees.

10. Warranties.

You represent and warrant to us that: (a) you will not use the Software in connection with any code, data, or other materials that are subject to a license that imposes obligations on us to distribute or disclose any source code or data, or that permits reverse engineering or replacement of portions of the Software; and (b) you will comply with all applicable laws and regulations.

11. Disclaimer of Warranties.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE IS PROVIDED “AS IS” AND “AS PROVIDED” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM, OR TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE

FOREGOING, DIGIMARC MAKES NO WARRANTY THAT: (A) THE SERVICES OR SOFTWARE

WILL MEET YOUR REQUIREMENTS; (B) THE USE OF THE SERVICES OR SOFTWARE WILL BE

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE

OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE EFFECTIVE,

ACCURATE, OR RELIABLE; (D) THE QUALITY OF ANY SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.

12. Limitation of Liability

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM OR RELATING TO YOUR USE OF ANY SERVICES OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU FOR YOUR USE OF THE SERVICES OR SOFTWARE GIVING RISE TO THE CLAIM IN THE 12 PRECEDING MONTHS OR US$100.00.

THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Miscellaneous.

Governing Law; Forum. These terms and any dispute arising under or relating to these terms are governed by the laws of the State of Oregon, USA, excluding its conflict of law provisions. All claims arising out of or relating to these terms must be litigated exclusively in the state or federal courts of the State of Oregon, USA, and you consent to the personal jurisdiction of those courts.

Relationship. We are independent contractors. These terms do not create any agency, partner, employee, or joint venture relationship between us.

Severability. If any provision of these terms is deemed unenforceable, it will not affect the rest of these terms.

Waiver. Our failure to enforce any provision of these terms does not waive our right to enforce that provision.

Headings. Section headings are for reference only and must not be used to interpret these terms.

No Third-Party Beneficiaries. No person or other entity is a third-party beneficiary of these terms.

Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms without our written consent. If you attempt to do so without our consent, your attempt will be void. We may transfer our rights and obligations under these terms to any third party.

No Competitive Use. You must not use any of the Services, Software, or Confidential Information to develop any software or services that compete with us.

Entire Agreement. Expect with respect to any Standalone Agreement, these terms (including all Additional Terms) supersede all proposals, oral or written, and all negotiations, conversations, and discussions between us relating to the subject matter of these terms.

Revision. We may revise these terms or any Additional Terms that apply to a Service or Software from time to time. You should review these terms regularly. By continuing to use or access the Services or Software after the revised terms come into effect, you agree to be bound by the revised terms.

Government Licensee. If use of any Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display, or disclose the Software, is subject to the commercial license rights and restrictions provided in these terms.

The Services and Software are provided by Digimarc Corporation, having its principal place of business at 8500 SW Creekside Place, Beaverton, Oregon 97008, USA. If you have any questions or complaints regarding the use of the Services and Software, please contact Digimarc at +1 800 DIGIMARC (344 4627) ext. 4704 or helpdesk@digimarc.com.

Last Updated: September 13, 2023

Your use of the Digimarc Print and Audio Module is subject to these Additional Terms (the “Agreement”), which incorporate the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use of the Digimarc Print and Audio Module (“Services”) and Software, as defined below.

1. Definitions.

“Digimarc Watermark” means a Digimarc data carrier containing a Digimarc-provided identifier.

“Documentation” means the documentation made available to you on the Digimarc Print and Audio Module.

“Mobile Device” means a wireless consumer device.

“Resolver Service” means a Digimarc network service for delivering URLs to Mobile Devices that read Digimarc Watermarks and one-dimensional barcodes using Digimarc software.

“Software” means downloadable software made available to you on the Digimarc Print and Audio Module for embedding digital media with Digimarc Watermarks.

“Web API” means the Digimarc Print and Audio Module Web API.

“URL” means a URL associated with a Digimarc Watermark on the Digimarc Print and Audio Module.

2. Licenses and Terms of Use.

Digimarc Print and Audio Module. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Digimarc Print and Audio Module to create and manage Digimarc Watermarks for use to embed images and audio of supported formats with those Digimarc Watermarks using Software, each in accordance with the terms of your Standalone Agreement.

Software. If Digimarc provides you access to any component of the Software through the Digimarc Print and Audio Module, Digimarc grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, use internally, reproduce, and distribute internally that component of the Licensed Software to create and manage Digimarc Watermarks, and to embed images and audio of supported formats with Digimarc Watermarks, each in accordance with the terms of your Standalone Agreement.

Web API. If Digimarc provides you access to the Web API, Digimarc grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the API to create and manage Digimarc Watermarks, and to embed images and audio of supported formats with Digimarc Watermarks, each in accordance with the terms of your Standalone Agreement.

Documentation. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Documentation.

Account Accessibility. You may configure your Digimarc Print and Audio Module account to be accessible by third parties you designate using that third party’s own credentials. You are responsible for use of your Digimarc Print and Audio Module account when it is accessed by a third party whom you have allowed to access your account.

Restrictions. You shall not use the Services or Software to embed the following with Digimarc Watermarks: (a) product packaging; (b) apparel or footwear; or (c) banknotes. You shall not embed images or audio with Digimarc Watermarks that are not active on the Digimarc Print and Audio Module or embed more than one image file or one audio file with each Digimarc Watermark. You shall not reuse any Digimarc Watermarks. You shall not provide the Software or Documentation to any third party.

3. Resolver Service.

Digimarc will provide the Resolver Service for each Digimarc Watermark you create on the Digimarc Print and Audio Module during the period that Digimarc Watermark is active on the Digimarc Print and Audio Module.

4. Auto-Renewal.

You may configure Digimarc Watermarks you create to automatically renew on their scheduled expiration date. Digimarc will have no liability to you for the automatic renewal of a Digimarc Watermark if you do not disable the automatic renewal of that Digimarc Watermark prior to the renewal date.

5. Effect of Termination.

On termination of this Agreement, your rights to use the Services, Software, and Documentation will terminate, and you shall cease using and destroy all instances of the Services, Software, and Documentation in your possession or control. Termination will not result in any refund or waiver of fees paid or accrued prior to termination. Notwithstanding termination of this Agreement, you shall continue to pay for each Digimarc Watermark created under this Agreement during the longer of: (a) the period that Digimarc Watermark remains active on the Digimarc Print and Audio Module; or (b) the period that Digimarc Watermark remains in use.

DIGIMARC PACKAGING MODULE TERMS AND CONDITIONS

Last Updated: September 13, 2023

Your use of the Digimarc Packaging Module is subject to these Additional Terms (the “Agreement”), which incorporate the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use of the Digimarc Packaging Module (“Services”) and Software, as defined below.

1. Definitions.

“Digimarc Watermark” means a Digimarc data carrier containing a GTIN and optional additional data.

“Documentation” means the documentation made available to you on the Digimarc Packaging Module.

“GTIN” means GS1 Global Trade Item Number.

“Mobile Device” means a wireless consumer device.

“Resolver Service” means a Digimarc network service for delivering URLs to Mobile Devices that read Digimarc Watermarks and one-dimensional barcodes.

“Software” means downloadable software made available to you on the Digimarc Packaging Module for embedding product packaging artwork with Digimarc Watermarks.

“URL” means a URL associated with a Digimarc Watermark on the Digimarc Packaging Module.

2. Licenses and Terms of Use.

Digimarc Packaging Module. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Digimarc Packaging Module to create and manage Digimarc Watermarks for use to embed images of supported formats with those Digimarc Watermarks using Software, each in accordance with the terms of your Standalone Agreement.

Software. If Digimarc provides you access to any component of the Licensed Software through the Digimarc Packaging Module, Digimarc grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, use internally, reproduce, and distribute internally that component of the Licensed Software to embed product packaging artwork with Digimarc Watermarks, each in accordance with the terms of your Standalone Agreement.

Documentation. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Documentation.

Account Accessibility. You may configure your Digimarc Packaging Module account to be accessible by third parties you designate using that third party’s own credentials. You are responsible for use of your Digimarc Packaging Module account when it is accessed by a third party whom you have allowed to access your account. If you are accessing a Digimarc Packaging Module account on behalf of another party, you shall act in accordance with the instructions of that other party. If you perform Digimarc Watermark embedding on behalf of another party, you consent to Digimarc sharing your name and email address with that other party in accordance with the Telemetry Service section below, solely to enable that other party to audit the performance of Digimarc Watermark embedding by you on its behalf.

Restrictions. You shall not use the Software to embed the following with Digimarc Watermarks: (a) apparel or footwear; or (b) banknotes. You shall not embed images with Digimarc Watermarks that are not active on the Digimarc Packaging Module. You shall not provide the Software or Documentation to any third party.

3. Resolver Service.

If Digimarc has agreed in a Standalone Agreement to provide you the Resolver Service for a given Digimarc Watermark, Digimarc will provide the Resolver Service for that Digimarc Watermark during the period that Digimarc Watermark is active on the Digimarc Packaging Module.

4. Telemetry Service.

Definitions.

Terms defined by Data Protection Laws and used but not defined in this section, including “controller,” “data subject,” “process,” “processing,” “processor,” and “sub-processor” have the meaning set forth in those Data Protection Laws.

“Data Subject Access Request” means a request received from a Data Subject to exercise the right of access, rectification, restrict or object to processing, erasure, data portability, or right not to be subject to automated decision-making.

“Data Protection Laws” means the privacy and data protection laws, regulations, and decisions applicable to Digimarc or you, including: (i) the General Data Protection Regulation of the European Union (Regulation 2016/679 of 27 April 2016) (the “GDPR”); (ii) any applicable national/federal or state/provincial legislation implementing the GDPR in a member state of the European Economic Area; (iii) the GDPR as incorporated into United Kingdom law pursuant to s.3 of the European Union (Withdrawal Act) 2018; and (iv) the Federal Data Protection Act of 19 June 1992 (Switzerland), in each case as such legislation may be amended or replaced from time to time.

“Instruction” means the written instructions issued by Digimarc to you to perform a specific action with regard to personal data contained in the Telemetry Data.

“Security Incident” means the unlawful or accidental destruction, loss, alteration, unauthorized disclosure of, or access to personal data contained in the Telemetry Data, transmitted, stored, or otherwise processed by you.

Telemetry Service. Digimarc may provide you information concerning Digimarc Watermark embedding performed by third parties on your behalf using the Software (“Telemetry Data”). Telemetry Data may include the name and email address of third-party individuals performing Digimarc Watermark embedding on your behalf under this Agreement.

Personal Data Processing. Telemetry Data may contain personal data. With respect to personal data contained in the Telemetry Data, Digimarc is acting as a controller, and you are acting as a processor. You shall only process personal data contained in the Telemetry Data to audit Digimarc Watermark embedding undertaken by third parties on your behalf using the Services and Software and in accordance with all applicable laws and regulations. You are responsible your processing of personal data. You shall comply with all Instructions provided by Digimarc to you in connection with your processing of personal data. You shall maintain records of your personal data processing activities in accordance with applicable laws and regulations.

Personal Data Transfers. If: (a) Telemetry Data includes any personal data that is protected under the Data Protection Laws of the EEA, Switzerland, or the UK; (b) you will process that personal data outside of the EEA, Switzerland, or the UK; and (c) such processing will take place in a country that is not subject to an adequacy determination by the European Commission, the UK or Swiss authorities (as applicable), then the standard contractual clauses annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 (“SCCs”) are hereby incorporated by reference and form an integral part of this DPA. The SCCs apply as follows:

EEA Transfers. To the extent that personal data is subject to the Data Protection Laws of the EEA, the SCCs apply as follows:

(a) the “data exporter” is Digimarc and the “data importer” is you;

(b) the Module Two terms are selected;

(c) in Clause 7, the optional docking clause applies;

(d) in Clause 9, Option 1 applies and the time period for prior notice of sub-processor changes is set out in the Personal Data Disclosure section below;

(e) in Clause 11, the optional language does not apply;

(f) in Clause 17, Option 1 applies and the SCCs are governed by German law;

(g) in Clause 18(b), disputes will be resolved before the courts of Germany;

(h) in Annex I.A and I.B, the details of the parties and description of the transfer are set out in the Description of Processing section below;

(i) in Clause 13(a) and Annex I.C, the competent supervisory authority is the Federal Commissioner for Data Protection and Freedom of Information of Germany;

(j) in Annex II, the description of the technical and organizational security measures is set out in the Description of Processing section below; and

(k) in Annex III, the list of Sub-processors is: none.

Swiss Transfers. To the extent that personal data is subject to the Data Protection Laws of Switzerland, the SCCs apply as described in the EEA Transfers section above with the following modifications:

(a) references to ‘Regulation (EU) 2016/679’ are interpreted as references to the Swiss Federal Data Protection Act of 19 June 1992 or any successor thereof (“Swiss DPA”);

(b) references to specific articles of ‘Regulation (EU) 2016/679’ are replaced with the equivalent article or section of the Swiss DPA;

(c) references to ‘EU’, ‘Union’ and ‘Member State’ are replaced with ‘Switzerland’;

(d) Clause 13(a) and Part C of Annex 2 are not used and the ‘competent supervisory authority’ is the Swiss Federal Data Protection Information Commissioner (“FDPIC”), or, if the transfer is subject to both the Swiss DPA and the GDPR, the FDPIC (insofar as the transfer is governed by the Swiss DPA) or the supervisory authority of the EEA member state in which Customer or Customer representative is in or where the data subjects are predominantly located (insofar as the transfer is governed by the GDPR;

(e) references to the ‘competent supervisory authority’ and ‘competent courts’ are replaced with the FDPIC and ‘competent Swiss courts’;

(f) in Clause 17, the SCCs are governed by the laws of Switzerland;

(g) in Clause 18(b), disputes will be resolved before competent Swiss courts; and

(h) the SCCs also protect the data of legal entities until entry into force of the revised Swiss DPA.

UK Transfers. To the extent that personal data is subject to the Data Protection Laws of the UK, the SCCs apply as amended by Part 2 of the UK Addendum to the SCCs issued by the Information Commissioner under section 119A(1) of the Data Protection Act 2018 (“UK Addendum”), and Part 1 of the UK Addendum is deemed completed as follows:

(a) in Table 1, the details of the parties are

Digimarc: Digimarc Corporation, 8500 SW Creekside Place, Beaverton, Oregon 97008, USA;

You: The address associated with your Digimarc Packaging Module account.

(b) in Table 2, the selected modules and clauses are set out in the EEA Transfers section above;

(c) in Table 3, the appendix information is set out in in the Description of Processing section below; and

(d) in Table 4, the ‘Exporter’ is selected.

Description of Processing.

Nature and Subject Matter of the Processing

Categories of Data Subjects. Third parties embedding Digimarc Watermarks on your behalf under this Agreement.

Categories of Personal Data Processed. Names and email addresses of third parties embedding Digimarc Watermarks on your behalf under this Agreement.

Frequency of the Transfer. Continuous.

Nature of the Processing. Transmitting, collecting, storing, and analyzing data.

Subject Matter of the Processing. Enabling you to determine the third parties performing Digimarc Watermark embedding on your behalf under this Agreement.

Duration of the Processing. For the term of this Agreement.

Personal Data Security. You shall maintain appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of personal data contained in the Telemetry Data, including protection against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, or alteration or damage, unauthorized disclosure of, or access to, that personal data. You shall provide Digimarc a description of those technical and organizational measures on Digimarc’s request. If you discover a Security Incident involving that personal data, you shall notify Digimarc of that Security Incident with 12 hours and fully cooperate with Digimarc, at your own expense, to remediate that Security Incident.

Personal Data Disclosure. You shall not disclose personal data contained in the Telemetry Data to any third party without Digimarc’s prior written consent, which Digimarc may provide in its sole discretion. If you disclose that personal data to a third party, you shall impose on that third party contractual duties with respect to that personal data consistent with those imposed by Digimarc on you in this Agreement. You are responsible and liable for all third parties to whom you provide that personal data. You shall not transfer personal data from one country to another without Digimarc’s prior written consent, which Digimarc may provide in its sole discretion. If Digimarc consents to your transfer of personal data to another country, you may transfer personal data to that country in accordance with all applicable laws and regulations. If you desire to engage an alternative sub-processor to one previously approved by Digimarc, you shall provide Digimarc at least 15 days’ prior notice of that desired engagement, which Digimarc may accept or reject in its sole discretion.

Data Subject Access Request. You shall promptly notify Digimarc of any Data Subject Access Request concerning personal data contained in the Telemetry Data.

Personal Data Destruction. On the sooner of termination of this Agreement or Digimarc’s notice to you, you shall destroy all personal data contained in the Telemetry Data.

5. Representation and Warranty.

You represent and warrant to Digimarc that you have sufficient rights to all GTINs and other identifiers used with Digimarc Watermarks.

6. Auto-Renewal.

You may configure Digimarc Watermarks to automatically renew on their scheduled expiration date. Digimarc will have no liability to you for the automatic renewal of a Digimarc Watermark if you do not disable the automatic renewal of that Digimarc Watermark prior to the renewal date.

7. Effect of Termination.

On termination of this Agreement, your rights to use the Services, Software, and Documentation will terminate, and you shall cease using and destroy all instances of the Services, Software, and Documentation in your possession or control. Termination will not result in any refund or waiver of fees paid or accrued prior to termination. Notwithstanding termination of this Agreement, you shall continue to pay for each Digimarc Watermark created under this Agreement during the longer of: (a) the period that Digimarc Watermark remains active on the Digimarc Packaging Module; or (b) the period that Digimarc Watermark remains in use.

DIGIMARC VALIDATE DIGITAL SUBSCRIPTION AGREEMENT

Last Updated: September 13, 2023

Your use of Digimarc Validate Digital is subject to these Additional Terms (the “Agreement”), which incorporate the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use Digimarc Validate Digital, including the Digimarc Validate Digital Portal (“Services”).

1. Definitions.

“Adult Content” means a field indicating that the Embedded Image represents material that is intended for individuals of a legal age. This field is set to false by default and is not configurable.

“Copy Protected” means a field indicating that the Embedded Image contains digital rights management technology to protect against copyright infringement. This field is set to true by default and is not configurable.

“Creator ID” means a unique code licensed by Digimarc that is necessary to embed Digimarc Watermarks into images.

“Digimarc Watermark” means a Digimarc Validate Digital data carrier containing a Creator ID and Image Attributes.

“Documentation” means the documentation made available to you on the Digimarc Validate Digital Portal.

“Embedded Image” means an image that has been embedded with a Digimarc Watermark using the Services.

“Embedded Subscriber Image” means a Subscriber Image that has been embedded with a Digimarc Watermark using the Services.

“Image Attributes” means: (a) Transaction ID; and (b) Restricted, Copy Protected, and Adult Content fields.

“Restricted” means a field indicating that the Embedded Image contains a custom use restriction. This field is set to true by default and is not configurable.

“Subscriber Image” means a digital still image owned or licensed by you.

“Subscription” means a Digimarc Validate Digital Subscription.

“Transaction ID” means a unique identifier for a transaction associated with an Embedded Image.

2. Scope; Function.

Scope. This Agreement covers Digimarc Validate Digital subscriptions purchased from Digimarc.com (each a “Subscription”). If you are an Enterprise customer by your entry of a Standalone Agreement for Digimarc Validate Digital Enterprise (also known as Digimarc for Images Enterprise, Digimarc Guardian for Images Enterprise, Digimarc Barcode for Digital Images Enterprise, or Digimarc Validate Online) (an “Enterprise Customer”), this Agreement does not apply to you, unless expressly stated in this Agreement.

Function. The function of the Services is to enable the communication of Image Attributes of Embedded Images to users of Digimarc Watermark-reading software. You, including if you are an Enterprise Customer, acknowledge that: (a) Image Attributes of Embedded Subscriber Images will be accessible by users of Digimarc Watermark-reading software when used to read Digimarc Watermarks from Embedded Subscriber Images; (b) your creation of Embedded Subscriber Images does not ensure that third parties accessing or viewing your Embedded Subscriber Images will respect your rights to those Embedded Subscriber Images; and (c) your use of the Services does not guarantee the prevention of copyright infringement of or unauthorized use or distribution of your Embedded Subscriber Images.

3. Subscription, License, and Terms of Use.

Subscription. Each Subscription is valid for the period you initially purchase and will automatically renew for additional periods of that same length until you cancel your Subscription. You may cancel your Subscription at any time, and that cancellation will take effect at the end of your current subscription period, provided that any cancellation occurring fewer than five days before the end of your current subscription period will not take effect until the end of the next subscription period. You must cancel your Subscription at least five days before it renews to avoid owing additional fees for the next subscription period.

Image Embedding. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Digimarc Validate Portal, solely to create Embedded Subscriber Images up to the amount enabled by your Subscription and to manage your Embedded Subscriber Images. You may use and distribute your Embedded Subscriber Images freely.

Creator ID License. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Creator ID assigned by Digimarc to you, solely in connection with embedding Digimarc Watermarks in Subscriber Images.

Documentation. Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Documentation.

Restrictions. You shall not: (a) embed your Creator ID into images using any third-party Digimarc Watermark embedding service; (b) use your Creator ID inappropriately, including to falsely represent image or copyright ownership; (c) use the Services with images that are not owned by you or to which you do not possess sufficient license rights; or (d) provide the Documentation to any third party.

4. Fees and Payment

Fees and Payment. Fees for each Subscription are due at the beginning of each subscription period.  All fees are nonrefundable.

Fee Modifications. Digimarc may modify fees for subscriptions, and those modified fees will take effect at the beginning of your next subscription period. If you do not agree with any modified fees, you should not renew your Subscription.

5. DISCLAIMER.

DIGIMARC DOES NOT WARRANT TO YOU (INCLUDING IF YOU ARE AN ENTERPRISE CUSTOMER) THAT YOUR CREATION OF EMBEDDED SUBSCRIBER IMAGES WILL PREVENT ANY VIOLATION OF YOUR RIGHTS IN THOSE EMBEDDED SUBSCRIBER IMAGES.

6. Termination.

Termination by Digimarc. Digimarc may terminate this Agreement on notice to you for your breach of this Agreement, including your non-payment of fees, your use of images in connection with the Services that are not owned by or licensed to you, or your violation of the image embedding limitation corresponding to your Subscription.

Effect of Termination. On termination of this Agreement, your rights to use the Services and Documentation will terminate, and you shall cease using the Services and Documentation and destroy all instances of the Documentation in your possession or control. Termination of this Agreement will not result in any refund of fees paid or waiver of fees accrued prior to termination.

DIGIMARC CUSTOMER PORTAL TERMS OF SERVICE

Last Updated: June 27, 2002

Your use of the Digimarc Customer Portal is subject to these Additional Terms (the “Agreement”), which incorporate the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use of the Digimarc Customer Portal (“Services”).

1. Invitation Only.

Access to and use of the Services is by invitation only. If you have not been invited to use the Services by Digimarc or another member of your business that Digimarc has authorized to extend invitations to use the Services, you may not use the Services. You may only use those portions of the Services that you are invited to use. Invitations are for your benefit only and may not be shared with or forwarded to anyone else.

2. Inspection.

If Digimarc provides you product packaging artwork files embedded with Digimarc Watermarks, you agree to inspect those files prior to printing to ensure they meet your specifications. Digimarc is not liable for changes to those files made by you or for changes introduced during printing of those files, including additional or conflicting Global Trade Item Number or other data in elements, separations, plates, or any other components of those files.

DIGIMARC PARTNER PORTAL TERMS OF SERVICE

Last Updated: June 27, 2002

Your use of the Digimarc Partner Portal is subject to these Additional Terms (the “Agreement”), which incorporate the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use of the Digimarc Partner Portal (“Services”).

1. Invitation Only.

Access to and use of the Services is by invitation only. If you have not been invited to use the Services by Digimarc or another member of your business that Digimarc has authorized to extend invitations to use the Services, you may not use the Services. You may only use those portions of the Services that you are invited to use. Invitations are for your benefit only and may not be shared with or forwarded to anyone else.

2. Inspection.

If Digimarc provides you product packaging artwork files embedded with Digimarc Watermarks, you agree to inspect those files prior to printing to ensure they meet your specifications. Digimarc is not liable for changes to those files made by you or for changes introduced during printing of those files, including additional or conflicting Global Trade Item Number or other data in elements, separations, plates, or any other components of those files.

3. Materials.

Materials provided to you by Digimarc in connection with your use of the Partner Portal (“Partner Materials”) may be used for your business purposes only. If any Partner Materials are marked as confidential or reasonably understood to be confidential, you may only use those Partner Materials internally and may not provide those Partner Materials to any third party. Digimarc retains ownership of all Partner Materials. You agree not to modify any Partner Materials unless directed to do so by Digimarc, including by removing any proprietary markings on those Partner Materials. Digimarc reserves the right to require you to return or destroy Partner Materials at any time for any reason, and you agree to do so on Digimarc’s request.

DIGIMARC SOFTWARE EVALUATION LICENSE AGREEMENT

Last Updated: November 11, 2019

Your use of the Evaluation Software is subject to these Additional Terms (the “Agreement”), which incorporates the Digimarc General Terms of Use located at https://www.digimarc.com/products/terms-and-conditions (the “Terms of Use”). Capitalized terms not defined in this Agreement have the same meaning as defined in the Terms of Use. In case of conflict between this Agreement and the Terms of Use, this Agreement will control.

This Agreement is between Digimarc Corporation (“Digimarc”) and you. This Agreement governs your access to and use of the Evaluation Software made available to you under this Agreement.

1. Definitions.

“Commencement Date” means the date you are provided access to Evaluation Software.

“Evaluation Software” means downloadable software made available to you under this Agreement.

“Evaluation Term” means the period from the Commencement Date until your license to the Evaluation Software terminates, as described below.

“License Key” means a key that Digimarc may provide you to activate and use the Evaluation Software under this Agreement.

2. License and Terms of Use.

Evaluation Software. During the Evaluation Term, Digimarc hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, use internally, reproduce, and distribute internally the Evaluation Software for your internal, non-commercial evaluation.

Evaluation Term. The Evaluation Term will terminate on the soonest of Digimarc’s revocation of your license to the Evaluation Software, the invalidation of the License Key provided to you to activate and use the Evaluation Software, or termination of this Agreement.

Restrictions. You shall not distribute the Evaluation Software to any third party or distribute or otherwise use commercially any product of or output from the Evaluation Software.

3. Effect of Termination.

On termination of this Agreement, your right to use the Evaluation Software will terminate, and you shall cease using and destroy all instances of the Evaluation Software in your possession or control.

OPEN SOURCE SOFTWARE

The Services use the following open source software:

ANTLRv3 – Copyright (c) 2010 Terence Parr – BSD 3-Clause
Bootstrap – Copyright (c) 2011-2015 Twitter, Inc. – MIT License
Exiftool – Copyright (C) 1993-2005 Larry Wall and others – GNU General Public License, Version 1

Font Awesome – Copyright (c) 2012-2015 Dave Gandy – MIT License
Howler.js – Copyright (c) 2013-2016 James Simpson and GoldFire Studios, Inc. – MIT License
Ionicons – Copyright (c) 2014-2015 Adam D. Bradley – MIT License
jQuery – Copyright (c) 2015 The jQuery Foundation – MIT License
Json.NET – Copyright (c) 2007-2015 James Newton-King – MIT License
Knockout – Copyright (c) 2011-2015 knockoutjs.com – MIT License
LittleCMS – Copyright (c) 1998-2020 Marti Maria Saguer – MIT License

Magick.NET – Copyright (c) Dirk Lemstra – Apache License, Version 2.0

Modernizr – Copyright (c) 2009-2015 Modernizr – MIT License
Moment.js – Copyright (c) 2011-2015 Tim Wood, Iskren Chernev, Moment.js contributors – MIT License
Postal for MVC5 – Copyright (c) 2010-2014 Andrew Davey (andrew@equin.co.uk) – MIT License
RazorEngine – Copyright (c) 2011-2015 Matthew Abbott – Apache License, Version 2.0
Respond JS – Copyright (c) 2012 Scott Jehl – MIT License
RestSharp – Copyright 2009-2015 Josh Sheehan – Apache License, Version 2.0
StackExchange.Redis – Copyright (c) 2014 Stack Exchange – MIT License
Toastr – Copyright (c) 2012-2014 Hans Fjällemark, John Papa & Tim Ferrell – MIT License
Typeahead.js – Copyright (c) 2013-2014 Twitter, Inc. – MIT License
underscore.js – Copyright (c) 2009-2015 Jeremy Ashkenas, DocumentCloud and Investigative Reporters & Editors – MIT License
WebActivator – Copyright (c) 2009-2014 David Ebbo – Apache License, Version 2.0

Yajl – Copyright (c) 2007-2011 Lloyd Hilaiel – Yajl Custom License

BSD 3-Clause License

Copyright (c) , All rights reserved.

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

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

2. 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.

3. Neither the name of the copyright holder 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 THE COPYRIGHT HOLDERS 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 THE COPYRIGHT HOLDER OR 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.

MIT License

Copyright (c)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Apache License, Version 2.0

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. 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.

“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.

“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor 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 Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”

“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

You must give any other recipients of the Work or Derivative Works a copy of this License; and

You must cause any modified files to carry prominent notices stating that You changed the files; and

You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing in this Agreement shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: HOW TO APPLY THE APACHE LICENSE TO YOUR WORK

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets “[]” replaced with your own identifying information. (Don’t include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same “printed page” as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License.

You may obtain a copy of the License at

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

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

GNU GENERAL PUBLIC LICENSE

Version 1, February 1989

Copyright (C) 1989 Free Software Foundation, Inc.

59 Temple Place, Suite 330, Boston, MA 02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The license agreements of most software companies try to keep users at the mercy of those companies. By contrast, our General Public License is intended to guarantee your freedom to share and change free

software--to make sure the software is free for all its users. The General Public License applies to the Free Software Foundation’s software and to any other program whose authors commit to using it. You can use it for your programs, too.

When we speak of free software, we are referring to freedom, not price. Specifically, the General Public License is designed to make sure that you have the freedom to give away or sell copies of free software, that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of a such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the

source code. And you must tell them their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any work containing the Program or a portion of it, either verbatim or with modifications. Each licensee is addressed as “you”.

1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and

disclaimer of warranty; keep intact all the notices that refer to this General Public License and to the absence of any warranty; and give any other recipients of the Program a copy of this General Public License along with the Program. You may charge a fee for the physical act of transferring a copy.

2. You may modify your copy or copies of the Program or any portion of it, and copy and distribute such modifications under the terms of Paragraph 1 above, provided that you also do the following:

a) cause the modified files to carry prominent notices stating that you changed the files and the date of any change; and

b) cause the whole of any work that you distribute or publish, that in whole or in part contains the Program or any part thereof, either with or without modifications, to be licensed at no charge to all third parties under the terms of this General Public License (except that you may choose to grant warranty protection to some or all third parties, at your option).

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the simplest and most usual way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this General Public License.

d) You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

Mere aggregation of another independent work with the Program (or its derivative) on a volume of a storage or distribution medium does not bring the other work under the scope of these terms.

3. You may copy and distribute the Program (or a portion or derivative of it, under Paragraph 2) in object code or executable form under the terms of Paragraphs 1 and 2 above provided that you also do one of the following:

a) accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Paragraphs 1 and 2 above; or,

b) accompany it with a written offer, valid for at least three years, to give any third party free (except for a nominal charge for the cost of distribution) a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Paragraphs 1 and 2 above; or,

c) accompany it with the information you received as to where the corresponding source code may be obtained. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form alone.)

Source code for a work means the preferred form of the work for making modifications to it. For an executable file, complete source code means all the source code for all modules it contains; but, as a special exception, it need not include source code for modules which are standard libraries that accompany the operating system on which the executable file runs, or for standard header files or definitions files that accompany that operating system.

4. You may not copy, modify, sublicense, distribute or transfer the Program except as expressly provided under this General Public License. Any attempt otherwise to copy, modify, sublicense, distribute or transfer the Program is void, and will automatically terminate your rights to use the Program under this License. However, parties who have received copies, or rights to use copies, from you under this General Public License will not have their licenses terminated so long as such parties remain in full compliance.

5. By copying, distributing or modifying the Program (or any work based on the Program) you indicate your acceptance of this license to do so, and all its terms and conditions.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein.

7. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of the license which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the license, you may choose any version ever published by the Free Software Foundation.

8. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

9. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Yajl Custom License

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.

leadership-team