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LICENSE.txt
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Important: PredictionIO is 100% committed to open source and the official
release of version 0.8 will be under a proper open source license. This license
is just a temporary measure for our early-access preview of “Imagine”.
--
TappingStone, Inc. Software Evaluation License Agreement for PredictionIO 0.8
Preview 1
BY ACCESSING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE
PREDICTIONIO SOFTWARE AND DOCUMENTATION THAT ACCOMPANY THIS AGREEMENT (THE
"SOFTWARE"), YOU ARE AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, DOWNLOAD,
INSTALL, COPY OR USE THE SOFTWARE.
INTERNAL EVALUATION USE ONLY: Your use of the Software is limited to internal
evaluation purposes only. Deployment or external exposure of works which use the
Software is not permitted under the terms of this Agreement. You must acquire a
deployment license for the Software from PredictionIO in order to deploy such
works. Contact [email protected] for more information.
1. LICENSE GRANTS Subject to all the terms of this Agreement, PredictionIO
hereby grants to you a one-time, royalty-free, non-exclusive, non-transferable,
non-sublicenseable license to copy and use the Software solely for internal
evaluation purposes for a period of 60 DAYS from your first access, download,
installation, or use of the Software ("Evaluation Period"). You may (i) access,
download, install, and copy the Software on a reasonable number of development
systems within your company; and (ii) use the Software only for internal
evaluation purposes.
2. LICENSE OBLIGATIONS You agree that you shall not: (i) reverse compile,
reverse engineer, disassemble, unobfuscate, reformat, or otherwise attempt to
read or make readable the Object Code or Source Code (or the underlying ideas,
algorithms, structure or organization) of the Software, in whole or in part;
(ii) modify the Software or create any derivative work based on the Software;
(iii) rent, lease, sell, sublicense, grant a security interest in, or otherwise
transfer any rights in the Software; (iv) remove or alter any marks or
proprietary notices or labels contained in the Software; (v) use the Software in
any manner that violates any intellectual property or privacy rights of any
third party; or (vi) use the Software in any manner that violates any applicable
international, federal, state or local law or regulation.
3. TITLE PredictionIO and its suppliers retain all right, title and interest in
and to the Software, including, without limitation, all copyrights, trademarks,
patents, trade secrets, proprietary and other intellectual property rights
contained in or associated with the Software, all copies thereof, and all
enhancements or modifications thereto.
4. WARRANTY; LIMITATION OF LIABILITY The Software is provided "AS IS" and
without any warranty of any kind. PREDICTIONIO DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE. The
Software is provided gratuitously and, therefore, PredictionIO shall not be
liable or obligated to you or any other party with respect to any subject matter
of this Agreement for any direct, indirect, incidental, special, punitive or
consequential damages under any theory of liability whether in tort, contract,
negligence, strict liability or otherwise even if advised of the possibility of
such damages.
5. TERMINATION; SURVIVAL The license granted hereunder shall terminate at the
earliest of (i) the end of the specified Evaluation Period, if any; (ii)
immediately upon your failure to comply with all of the terms and limitations
described herein; or (iii) immediately upon written notice of termination by
PredictionIO, with or without cause. Upon termination for any reason, you shall
destroy all copies of the Software. Sections 2, 3, 4, 5, and 6 shall survive any
termination or expiration of this Agreement or the license granted hereunder.
6. EXPORT REQUIREMENTS The export and re-export of PredictionIO products are
controlled by the United States Export Administration Regulations and such
software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan,
Syria, or any country to which the United States embargoes goods. In addition,
PredictionIO software may not be distributed to persons on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading or using an PredictionIO software product you are certifying that
you are not a national of Cuba, Iran, North Korea, Sudan, Syria, or any country
to which the United States embargoes goods and that you are not a person on the
Table of Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
7. GENERAL (a) This Agreement is the entire agreement between you and
PredictionIO concerning this subject matter. This Agreement may not be amended
except in writing signed by an authorized representative of PredictionIO. (b)
Neither this Agreement nor any of your rights or obligations hereunder may be
assigned by you in whole or in part without PredictionIO's prior written
consent. (c) This Agreement shall be governed by and interpreted in accordance
with the laws of the State of California without giving effect to its choice of
law principles. Any legal action regarding this Agreement will be heard in the
state or federal courts having jurisdiction in San Francisco County, California,
and you hereby submit to the personal jurisdiction and venue of such courts. The
United Nations Convention on Contracts for the International Sale of Goods shall
not apply to this Agreement and is expressly disclaimed. (d) The prevailing
party in any action or proceeding to enforce the provisions of this Agreement
shall be entitled to recover all reasonable attorneys' fees and expenses
incurred in connection therewith. (e) In the event of a breach of this
Agreement, monetary damages may not be a sufficient remedy, and PredictionIO
shall be entitled, without waiving any other rights or remedies, to such
injunctive or equitable relief (without posting of a bond) as may be deemed
proper by a court of competent jurisdiction. (f) If any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, that provision shall be limited or eliminated to the minimum
extent necessary so that the remaining provisions remain in full force and
effect. (g) The failure of PredictionIO to require your performance of any
provision herein shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by PredictionIO of a breach of any
provision herein be taken or held to be a waiver of the provision itself.
THIRD-PARTY COMPONENTS: The Software may include third-party components provided
under terms and conditions which are different from those of this Agreement.
These third-party components and their licensing terms and conditions can be
found in the ~/PredictionIO/Imagine/README.md file.
Copyright 2014 TappingStone, Inc. Last revised July 28, 2008.