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| 1 | +License |
| 2 | + |
| 3 | +Software Copyright License for non-commercial scientific research purposes |
| 4 | +Please read carefully the following terms and conditions and any accompanying documentation before you download |
| 5 | +and/or use the INSTA model, data and software, (the "Model & Software"), including 3D meshes, software, and scripts. |
| 6 | +By downloading and/or using the Model & Software (including downloading, cloning, installing, and any other use |
| 7 | +of this github repository), you acknowledge that you have read these terms and conditions, understand them, and |
| 8 | +agree to be bound by them. If you do not agree with these terms and conditions, you must not download and/or use |
| 9 | +the Model & Software. Any infringement of the terms of this agreement will automatically terminate your rights |
| 10 | +under this License |
| 11 | + |
| 12 | +Ownership / Licensees |
| 13 | +The Model & Software and the associated materials has been developed at the |
| 14 | +Max Planck Institute for Intelligent Systems (hereinafter "MPI"). |
| 15 | + |
| 16 | +Any copyright or patent right is owned by and proprietary material of the |
| 17 | +Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter |
| 18 | +collectively “Max-Planck”) hereinafter the “Licensor”. |
| 19 | + |
| 20 | +License Grant |
| 21 | +Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right: |
| 22 | + |
| 23 | + • To install the Model & Software on computers owned, leased or otherwise controlled by you and/or your organization. |
| 24 | + • To use the Model & Software for the sole purpose of performing peaceful non-commercial scientific research, |
| 25 | + non-commercial education, or non-commercial artistic projects. |
| 26 | + |
| 27 | +Any other use, in particular any use for commercial, pornographic, military, or surveillance purposes is prohibited. |
| 28 | +This includes, without limitation, incorporation in a commercial product, use in a commercial service, |
| 29 | +or production of other artefacts for commercial purposes. |
| 30 | + |
| 31 | +The Model & Software may not be used to create fake, libelous, misleading, or defamatory content of any kind, excluding |
| 32 | +analyses in peer-reviewed scientific research. |
| 33 | + |
| 34 | +The Model & Software may not be reproduced, modified and/or made available in any form to any third party |
| 35 | +without Max-Planck’s prior written permission. |
| 36 | + |
| 37 | +The Model & Software may not be used for pornographic purposes or to generate pornographic material whether |
| 38 | +commercial or not. This license also prohibits the use of the Model & Software to train methods/algorithms/neural |
| 39 | +networks/etc. for commercial use of any kind. By downloading the Model & Software, you agree not to reverse engineer it. |
| 40 | + |
| 41 | +No Distribution |
| 42 | +The Model & Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered |
| 43 | +for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive |
| 44 | +purposes only. |
| 45 | + |
| 46 | +Disclaimer of Representations and Warranties |
| 47 | +You expressly acknowledge and agree that the Model & Software results from basic research, is provided “AS IS”, |
| 48 | +may contain errors, and that any use of the Model & Software is at your sole risk. |
| 49 | +LICENSOR MAKES NO REPRESENTATIONS |
| 50 | +OR WARRANTIES OF ANY KIND CONCERNING THE MODEL & SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY |
| 51 | +LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT. Specifically, and not to limit the foregoing, licensor |
| 52 | +makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of |
| 53 | +the Model & Software, (ii) that the use of the Model & Software will not infringe any patents, copyrights or other |
| 54 | +intellectual property rights of a third party, and (iii) that the use of the Model & Software will not cause any |
| 55 | +damage of any kind to you or a third party. |
| 56 | + |
| 57 | +Limitation of Liability |
| 58 | +Because this Model & Software License Agreement qualifies as a donation, according to Section 521 of the German |
| 59 | +Civil Code (Bürgerliches Gesetzbuch – BGB) Licensor as a donor is liable for intent and gross negligence only. |
| 60 | +If the Licensor fraudulently conceals a legal or material defect, they are obliged to compensate the Licensee |
| 61 | +for the resulting damage. |
| 62 | + |
| 63 | +Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have |
| 64 | +arisen had proper and regular data backup measures been taken. For the avoidance of doubt Licensor shall be |
| 65 | +liable in accordance with the German Product Liability Act in the event of product liability. The foregoing |
| 66 | +applies also to Licensor’s legal representatives or assistants in performance. Any further liability shall |
| 67 | +be excluded. Patent claims generated through the usage of the Model & Software cannot be directed towards the copyright holders. |
| 68 | +The Model & Software is provided in the state of development the licensor defines. If modified or extended by |
| 69 | +Licensee, the Licensor makes no claims about the fitness of the Model & Software and is not responsible |
| 70 | +for any problems such modifications cause. |
| 71 | + |
| 72 | +No Maintenance Services |
| 73 | +You understand and agree that Licensor is under no obligation to provide either maintenance services, |
| 74 | +update services, notices of latent defects, or corrections of defects with regard to the Model & Software. |
| 75 | +Licensor nevertheless reserves the right to update, modify, or discontinue the Model & Software at any time. |
| 76 | + |
| 77 | +Defects of the Model & Software must be notified in writing to the Licensor with a comprehensible description |
| 78 | +of the error symptoms. The notification of the defect should enable the reproduction of the error. |
| 79 | +The Licensee is encouraged to communicate any use, results, modification or publication. |
| 80 | + |
| 81 | +Publications using the Model & Software |
| 82 | +You acknowledge that the Model & Software is a valuable scientific resource and agree to appropriately reference |
| 83 | +the following paper in any publication making use of the Model & Software. |
| 84 | + |
| 85 | +Commercial licensing opportunities |
| 86 | +For commercial uses of the Model & Software, please send email to [email protected] |
| 87 | + |
| 88 | +This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention. |
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