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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. * ****************************************************************************/
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