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LICENSE.txt
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LICENSE.txt
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/****************************************************************************
* Copyright (c) 2018 John A. Dougherty. 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 ATLFlight nor the names of its contributors may be
* used to endorse or promote products derived from this software
* without specific prior written permission.
*
* NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY THIS LICENSE.
* 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 OWNER 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.
*
* SUPPLEMENTAL TERMS
* This software is licensed to you under the Clear BSD License together
* with these Supplemental Terms. If you are using the software on behalf
* of your employer or another legal entity, you agree to these terms on
* their behalf as well as on your own behalf, and you represent that you
* have the legal authority to bind such employer or other legal entity to
* these terms. If you do not have such authority or you or they do not
* agree to the Clear BSD License and these Supplemental Terms, you and such
* entity may not use this software and must delete all copies of it.
* References below to “You” mean you and the employer or other legal entity
* on whose behalf you are using the software.
*
* 1. SCOPE OF USE OF THE LICENSED MATERIALS: You may reproduce, prepare
* derivative works of, and distribute the software solely in connection
* with the implementation of (i) robotics applications or (ii) unmanned
* multirotor aircraft that You develop, and that weighs less than 55
* pounds.
* 2. DESIGN OF YOUR PRODUCTS: You acknowledge that the current and
* previous copyright holders have had and will have no participation in or
* control over – and no responsibility for – the design or assembly of Your
* products, including drones, the integration of any of the software into
* Your products, including drones, or the sale or marketing of Your
* products, including drones.
* 3. ASSUMPTION OF RISK: You acknowledge that the operation of the
* software, alone or in a product, including drones, is a potentially
* dangerous activity and may result in significant harm to property or
* injury or death to persons. You agree to include on Your products
* prominent warnings of such risks, as may be required by law or regulation
* and as may be necessary or prudent to advise users of such risks. You,
* and not the current or previous copyright holders, assume all risks and
* liabilities that may result from the use of the software, whether or not
* modified by You and whether or not implemented in connection with a
* reference design provided by any third party.
* 4. WARRANTY DISCLAIMER: IN ADDITION TO THE WARRANTIES DISCLAIMED IN THE
* CLEAR BSD LICENSE, COPYRIGHTHOLDER MAKES NO WARRANTIES, EXPRESS OR
* IMPLIED, AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING
* OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF
* PERFORMANCE. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED AS (I)
* A WARRANTY OR REPRESENTATION BY COPYRIGHTHOLDER AS TO THE VALIDITY OR
* SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OR
* (II) A WARRANTY OR REPRESENTATION BY COPYRIGHTHOLDER THAT ANY MANUFACTURE
* OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
* INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. IT SHALL BE SOLELY
* YOUR RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
* RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER
* INTELLECTUAL PROPERTY.
* 5. COPYRIGHT-ONLY LICENSE: The Clear BSD License and these Supplemental
* Terms provide a copyright-only license to the software while these
* Supplemental Terms and the Clear BSD License for the software are in
* effect, and do not provide any patent licenses. If any patent licenses
* are needed in connection with Your products and/or the software, such
* patent licenses must be obtained separately and in writing.
* 6. INDEMNIFICATION: You agree to defend, indemnify and hold the current
* and previous copyright holders, their affiliates, employees, directors,
* agents, licensors, successors and assignees (each an “Indemnified Party”)
* harmless from any and all claims, penalties, demands, causes of action,
* liabilities, lawsuits, or damages, including attorneys’ fees and costs,
* that result from or relate to the software or any product, including
* drones, made, used, sold, imported, exported, or distributed by You which
* uses the software or any part or derivative work thereof, even where such
* product uses the software without modification and even where the design
* of such product is identical to the design of any reference product,
* including drones. This indemnification includes, without limitation, any
* claims for damages to property or injury or death to persons and any
* investigation, enforcement action, civil penalty, or other action
* conducted or cost imposed by the United States Federal Aviation
* Administration (FAA) or any governmental entity of the United States or
* any other government.
* If any third party asserts a claim or initiates an action against an
* Indemnified Party for which You are responsible under this Section, the
* Indemnified Party shall promptly notify You when it becomes aware of such
* claim or action, provided, however, that any delay in notification shall
* not relieve You from Your indemnification obligations under this
* Agreement. The Indemnified Party shall have the right to participate in
* the defense of such claim or action, including any related settlement
* negotiations. No such claim or action may be settled or compromised
* without the Indemnified Party’s express written consent, which may be
* conditioned upon the execution of a release of all claims against the
* Indemnified Parties by the party bringing such claim or action.
* 7. INSURANCE: If You make or distribute drones, or participate in making
* or distributing drones, You agree to and will maintain (throughout the
* time You are using any of the software in connection with such drones)
* insurance providing adequate coverage for potential product liability,
* personal injury, property damage, and privacy claims and litigation
* associated with such drones and/or software.
* 8. GENERAL: These Supplemental Terms, together with the Clear BSD
* License, constitute the entire agreement of You and the current and
* previous copyright holders with respect to the subject matter of the
* foregoing, and supersede all prior representations, understandings and
* agreements with respect thereto. No amendment to the Clear BSD License
* or these Supplemental Terms shall be binding unless in writing and signed
* by authorized representatives of You and the current and previous
* copyright holders. No waiver of any term, provision, or breach of these
* Supplemental Terms or the Clear BSD License will be effective unless it
* is in writing and signed by an authorized representative of the current
* and previous copyright holders. Any such waiver shall be effective only
* in the specific instance and for the specific purpose for which it is
* given. If any provision of these Supplemental Terms or the Clear BSD
* License is held to be invalid or unenforceable, whether in whole or in
* part, the remaining portions of such provision (if any) and the other
* provisions of these Supplemental Terms and the Clear BSD License shall
* remain in full force and effect, and the provision that is found to be
* invalid or unenforceable shall remain in effect to the maximum extent
* permitted by applicable law. These Supplemental Terms and the Clear BSD
* License shall be governed by and construed in accordance with the laws of
* the State of California, U.S.A., without regard to the choice of laws
* principles thereof. The United Nations Convention on Contracts for the
* International Sale of Goods shall not apply. Any dispute, claim or
* controversy arising out of or relating to this Agreement shall be
* adjudicated only by a court of competent jurisdiction in San Diego,
* California, U.S.A., and You consent to the personal jurisdiction of such
* court for purposes of such dispute, claim or controversy.
*
****************************************************************************/