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Openet Licence, OVLM Community Version 1.3 (Weaver V1.3)

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

By using this software, you agree to be bound by these terms as well as the terms of any Third Party Software which is referenced herein.

1. Definitions.

Licence” shall mean these terms and conditions for use, reproduction, and distribution as well as any other licences or agreements which are incorporated by reference.
Openet” shall mean Openet Virtual Systems Limited, a company registered in Ireland with its registered address at 6 Beckett Way, Park West Business Park, Dublin 12.
You” (or “Your”) shall mean the party accepting this Licence and exercising the permissions granted herein.
“Source form shall mean including but not limited to software source code, documentation source, and configuration files.
Third Party Software” means any software that is not owned by Openet, required in connection with the use of the Work and distributed with the Work.
Work” shall mean the OVLM software product, also known as Weaver, a work of authorship, made available under this Licence.
Derivative Works” shall mean any work 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 Licence, 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.

2. Third Party Components. The Work is distributed with certain Third Party Software, including that which is licensed under an open source licence. The Third Party Software is identified and the licence terms pertaining are detailed in the licence directory provided with the Work. Your use of the Third Party Software is subject such licence terms and You agree to indemnify, hold harmless and defend Openet and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any unauthorised, infringing or illegal use or distribution of the Third Party Software. The remainder of the terms and conditions of this Licence, including any representations or warranties set forth herein, do not apply to the Third Party Software. Openet reserves the right from time to time by notice/direction issued on its website to updated or replace any Third Party Software required to use the Work.

3. HPOO. Without prejudice to the generality of clause 2, the Work and related documentation is bundled with a specific piece of Third Party Software and documentation called HPOO which is made available subject to a licence from Hewlett Packard Enterprise (“HPE”). The terms of such licence (the “HPOO EULA”) applicable to your use of HPOO are detailed in the HPOO EULA located in the licence directory provided with the Work. You agree that your use of HPOO is subject to the terms and conditions of such licence and You agree to indemnify, hold harmless and defend Openet and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any unauthorised or illegal use or distribution of HPOO. The following terms and conditions of this Licence, including any representations or warranties set forth herein, do not apply to HPOO.

4. Grant of Licence. Subject to the terms and conditions of this Licence, Openet hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, licence to use, reproduce, prepare Derivative Works of, publicly display, publicly perform, sub-licence, and distribute the Work and any Derivative Works. Openet reserves the right (but is not bound to) update or issue fixes to the Work from time to time.

5. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, provided that You meet the following conditions:

1. You must give any recipients of the Work or Derivative Works a copy of this Licence; and
2. You must cause any Derivative Works (including modified files) to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a “LICENCES” 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 LICENCES file, in at least one of the following places: within a LICENCES text file distributed as part of 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 LICENCES file are for informational purposes only and do not modify the Licence. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the LICENCES text from the Work, provided that such additional attribution notices cannot be construed as modifying the Licence.
You may add Your own copyright statement to any Derivative Works which You create and may provide additional or different Licence 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 Licence.

6. Restrictions. The intellectual property rights in the Work are owned by or licensed to Openet. Title to the Work and all associated intellectual property rights is retained by Openet and/or its licensors.

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

8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Openet provides the Work 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 Licence.

9. 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 Openet be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Licence 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 Openet has been advised of the possibility of such damages. You agree to indemnify, hold harmless and defend Openet and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from Your use of the Work in a way which infringes the intellectual property rights of any third party.

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

11. Termination. This Licence is effective until terminated. You may terminate this Licence at any time by destroying all copies of the Work. This Licence will terminate immediately without notice from Openet if you fail to comply with any provision of this Licence. Either party may terminate this Licence immediately should the Work or Derivative Works or any part thereof become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of the Work.

12. Export Regulations. If You export, import, or otherwise transfer the Work and/or deliverables provided under this Licence, You will be responsible for complying with applicable laws and regulations and You will be responsible for: a) obtaining any required export or import authorisations and b) compliance with any relevant export and/or import laws. In particular, you may not download the Work to a destination to which it would be contrary to the applicable export or sanctions’ laws (Ireland or otherwise) to do so. Openet may suspend its performance under this Licence to the extent required by laws applicable to either party.

13. Governing Law. Any action related to this Licence will be governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Ireland.

14. Integration. This Licence is the entire agreement between You and Openet relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Licence. No modification of this Licence will be binding, unless in writing and signed by an authorised representative of each party.

END OF TERMS AND CONDITIONS

APPENDIX: HOW TO APPLY THE OPENET LICENCE TO A DERIVATIVE WORKS
To apply the Openet Licence to your Derivative Works, 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]

This software is a derivative work of the OVLM Software product and is licensed under the Openet Licence, OVLM Community Version 1.3 (the “Licence”).

You may not use this file except in compliance with the Licence.

You may obtain a copy of the Licence at

http://www.openet.com/xxxxxxxx

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 Licence.