EULA

End User License Agreement – Mipsology SAS

This MIPSOLOGY Agreement (hereafter referred as the “Agreement”) contains the terms and conditions that govern your access to and use of the Product or Service Offerings (as defined below) and is an agreement between MIPSOLOGY SAS (Hereafter referred as “MIPSOLOGY”, “we”, “us”, or “our”) ; and YOU as the Final USER of the APPLICATION delivered by MIPSOLOGY (Hereafter referred as the “USER” or “you”). MIPSOLOGY and USER shall collectively be called “Parties” and individually “Party”.
This Agreement takes effect when you effectively install or use the APPLICATION or when you accept to use the APPLICATION from the CLOUD Marketplace. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT ACCESS AND USE THE APPLICATION. By the simple use of the APPLICATION you are considered having expressly and irrevocably accepted this Agreement.

Firstly, it is recalled that
The MIPSOLOGY APPLICATION referred to the deliverables provided pursuant to this Agreement (referred as the “APPLICATION”).
The APPLICATION may include, but is not limited to, any binary, FPGA related information, source code, documents or globally any information, in a digital or non-digital format. USER may access to the APPLICATION on a local host, a remote host, or on a remote data center, which may be operated by a third party to provide computing, storage and networking resources (referred hereby as the “CLOUD” or the “CLOUD Marketplace”).
The APPLICATION may be proposed to USER as Free versions and Paid versions, it being hereby specified that free and paid versions offers have different features, which are described in this license Agreement and on the CLOUD Marketplace. In this context, the Parties have come together to agree to, via this license Agreement, the conditions of access to and use of the APPLICATION by USER.

It is thus agreed as follows:

1.     Prerequisite

USER is aware and represents that he is aware of how the APPLICATION is provided by MIPSOLOGY. USER represents that he meets eligibility requirements to use the APPLICATION.

When used in the CLOUD: USER is aware and represents that he is aware of how the service of the APPLICATION is provided by a third party via the CLOUD Marketplace. To use the APPLICATION, USER shall have access to the CLOUD Marketplace and agreed their terms and conditions. USER represents that he meets eligibility requirements of the CLOUD Marketplace.
USER understands and agrees that MIPSOLOGY shall not be deemed responsible for any disruption of access to the APPLICATION and associated costs arising out of the CLOUD, regarding, this list not being limitative, the computing resources, the networking resources, the internet access and bandwidth, the storage resources, their maintenance, or any event that would prevent USER to access and properly use the APPLICATION.

2.     Purpose

This Agreement applies to both the Free and Paid versions, unless otherwise specified in this license Agreement. MIPSOLOGY hereby grants USER the following limited, non-exclusive, non-transferable right to use the APPLICATION. USER agrees to be bound by the terms and condition set forth in this LICENSE. USER will run the APPLICATION solely for USER’s use. USER shall not use the SOFTWARE for a third party unless the third party agrees to this Agreement. USER acknowledges having verified the adequacy of the APPLICATION to their needs before starting using the APPLICATION. USER can contact MIPSOLOGY before accepting this Agreement to obtain more details if he needs by sending an email to support@mipsology.com, appropriate email addresses as indicated on the CLOUD marketplace, or visiting www.mipsology.com. The purpose of this Agreement is to define the legal, technical and financial conditions under which MIPSOLOGY commits with USER. This license Agreement, which may be supplemented by, if applicable, special terms and conditions and/or appendices proposed by MIPSOLOGY, is applicable, to the exclusion of all other conditions, including those of USER, to any other order placed by USER with MIPSOLOGY. However, when used in the CLOUD, the terms and conditions of the CLOUD Marketplace that has been accepted by USER and MIPSOLOGY will apply if they are not contradictory to this Agreement. Notwithstanding anything in this Agreement to the contrary, MIPSOLOGY may update or change the terms of this Agreement upon notice to USER, including by posting updated terms on MIPSOLOGY?s website or on the CLOUD Marketplace, except that USER will be provided with a 30-day prior notice (which may be via email and through the CLOUD Marketplace) of any changes which may cause USER to be in noncompliance with the terms of this Agreement.

3. Use – License

Hereunder, MIPSOLOGY grants temporary, non-exclusive and non-transferable, use rights to use the APPLICATION, with the restrictions given hereinafter. Use rights are granted to USER for his own needs. Without prior written agreement, USER will not knowingly copy or allow others, including internally, to copy or reproduce the APPLICATION in any form whatsoever except for the normal usage of the APPLICATION. It is also prohibited for USER to perform any re-specification of the APPLICATION, in particular, with a view to the creation of a derivative or similar APPLICATION. Any transfer of this agreement requires prior written agreement from MIPSOLOGY.

4. Description of the APPLICATION

MIPSOLOGY offers its APPLICATION as a software running on private hosts, private data centers or in the CLOUD. When used in the CLOUD, MIPSOLOGY reserves the right to suspend access to the APPLICATION for any maintenance or improvement to ensure the proper operation of the APPLICATION. MIPSOLOGY shall inform USER beforehand, whenever possible. In addition, USER acknowledges that fluctuations in bandwidth and the vagaries of the service provider may cause a break in access to the APPLICATION, beyond the control of MIPSOLOGY. The APPLICATION is described in files part of the APPLICATION or on the CLOUD Marketplace. Global information on the product can be accessed on internet at www.mipsology.com.
The APPLICATION may come with different pre-configured options. Some versions of the APPLICATION have a cost, while some others are offered for free. USER is informed that the free versions and paid versions are described and detailed on the CLOUD Marketplace or on www.mipsology.com. USER acknowledges that he understood the differences between versions and incurred costs. The paid version of the APPLICATION may offer a free trial period. When used in the CLOUD, this free trial period is limited in time, only one free period being authorized per USER on all accounts on the CLOUD Marketplace.

5. DISCLAMER of Warranty & Limitation on Liability

MIPSOLOGY undertakes to exercise the due care and diligence required to provide a quality service and APPLICATION in accordance with industry practices and the state of the art, and does not guarantee that the APPLICATION meets the specific needs of USER or is free of defects or abnormalities. MIPSOLOGY is only bound by an obligation to use its best endeavors.

No Warranties. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. MIPSOLOGY, ITS AFFILIATES, ITS OFFICIERS, ITS EMPLOYEES, OR ITS SUPPLIERS AND REPRESENTATIVES, DO NOT WARRANT IN ANY WAY THAT THE APPLICATION IS ERROR FREE OR SATISFY LICENSEE’S SPECIFIC REQUIREMENTS AND DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PRACTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. MIPSOLOGY MAKES NO WARRANTY CONCERNING THE DATA, RESULTS OR INFORMATION RESULTING IN USING THE APPLICATION.

Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIPSOLOGY, ITS AFFILIATES, ITS OFFICIERS, ITS EMPLOYEES, OR ITS SUPPLIERS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED, TO LOSS OF BUSINESS PROFIT, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF ORDERS, LOSS OF BUSINESS OR PROFITS, ANTICIPATED SAVINGS, LOSS OF INFORMATION AND DATA, DAMAGE TO BRAND IMAGE, OR ANY OTHER FINANCIAL LOSS ARISING OUR OF OR IN CONNECTION WITH THE OPERATION OF THE APPLICATION OR ANY OHER PRODUCT OR SERVICES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MIPSOLOGY TOTAL LIABILTY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE ACTUAL RECEIVED PAYMENT FROM USER, DIRECTLY OR THROUGH THE CLOUD, IN THE LAST BILLING PERIOD OR THE DURATION OF THE INCIDENT, WHICHEVER IS THE LOWEST AMOUNT, REDUCED BY ANY OTHER AMOUNT MIPSOLOGY WOULD HAVE PAID BACK TO USER. TO THE EXTEND THAT THE APPLICABLE JURISDICTION LIMITS LICENSEE’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Without limiting the foregoing, USER is responsible for determining and verifying that the APPLICATION, its environment, and the hardware used to run the APPLICATION are compatible. MIPSOLOGY further decline any warranties of any kind or nature on the hardware used to run the APPLICATION.
MIPSOLOGY shall not be liable to USER nor any third parties (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for failure of its tools or any of its or a third party’s systems that results in the inability to process or use the APPLICATION, USER’s failure to meet any of its payment obligations, negligence, fraud or fraudulent misrepresentation of USER or any other actions which result from misuse or inappropriate use of the APPLICATION.

6. Protection of Data

It is recalled that in no event, shall MIPSOLOGY be held liable for data installed and/or exploited and/or posted online by USER on the APPLICATION, including accidental destruction by human error by the Customer or MIPSOLOGY. Pursuant to the basic rules of computer security, it is recalled that USER is responsible for taking all necessary precautions to protect its/their own data and/or software by using remote, secure and duplicated backup. MIPSOLOGY cannot be held liable for lost data, regardless of the cause. USER represents and warrants that he has complied with and will comply with all applicable Data Protection law(s) and that its use of the APPLICATION is lawful under applicable data protection law(s).

7. Obligations and Responsibilities of USER

USER shall have the power, authority and capacity necessary for the conclusion and execution of the obligations set forth in this Agreement.
USER agrees to provide accurate and complete personal information when registering on the CLOUD Marketplace for using the APPLICATION in the CLOUD or directly with MIPSOLOGY for a private usage of the APPLICATION.
USER also undertakes to update his personal information whenever necessary. USER is responsible for the veracity and accuracy of the personal information he provides to MIPSOLOGY or to the CLOUD provider, when creating his account and after.
In general, USER shall assume responsibility for individual access to the APPLICATION. USER agrees to only allow access to the APPLICATION to authorized members of his staff within the limits stipulated herein.
USER acknowledges that use, via the Internet, of the APPLICATION will be under his sole control and responsibility.
USER agrees to and is responsible for on-time payment related to the use of the APPLICATION. When used in the CLOUD, USER agrees to and is responsible for on-time payment to the CLOUD Marketplace of the subscribed service including the specific hardware required to run the APPLICATION, according to the agreement between USER and the CLOUD Marketplace.
USER agrees to use the APPLICATION in a way and for purposes that are strictly legal, in accordance with applicable laws. In general, USER is responsible for the use of the APPLICATION. Now therefore, any processing, transmission, distribution or representation of information or data resulting from the user of the APPLICATION by USER, is carried out under his sole responsibility and in strict compliance with laws and regulations relating to its use including online services when applicable.
USER agrees not to use the APPLICATION with the intention of harming MIPSOLOGY, other users of the APPLICATION or any third party. He also agrees not to commit acts that may harm the proper operation of the APPLICATION and this, in particular, by improper use of the APPLICATION.

In addition, USER agrees to abide by the following rules:

  • The APPLICATION must not be used in ways that violate current national and international laws, regulations, charters of practice or ethics. Any content designed to incite the commission of crimes and offences, incite racial hatred or suicide, for the denial of crimes against humanity, or with elements of child pornography is strictly prohibited.
  •  Any pornographic or violent content is strictly prohibited when the content is likely to be accessible to minors.
  • To ensure the integrity of his data, in terms of Infrastructure security.
  • USER, through his behavior and the information he disseminates, undertakes not to infringe on the rights of third parties, including by:
    • Distributing content protected by intellectual, literary, artistic or industrial property rights.
    • Spreading words, images or sounds that may constitute defamation, insult, denigration or infringing on privacy, image reproduction rights, morality or public order.

USER agrees NOT to use the APPLICATION for purposes related to piracy, to download illegal files or sharing copyrighted files, to make any intrusions into third-party computer systems, to spread viruses or programs intended to harm, to distribute emails in an unlawful manner (Spam, etc.).
USER is responsible for the Content he publishes and exchanges that would result from the use of the APPLICATION. It is USER’s responsibility to take all appropriate measures to protect his data from contamination by viruses circulating on the Internet. The data circulating on the Internet are likely to be diverted; communication by USER of confidential data is made at his own risk.

8. Maintenance

Maintenance and support is not provided through this Agreement. USER can obtain support directly from MIPSOLOGY, which may be subject to other agreements and fees. USER can obtain support to help deal with incidents by sending an email to support@mipsology.com or to other appropriate email addresses indicated on the CLOUD marketplace or by MIPSOLOGY.
MIPSOLOGY will provide help on a good-will basis and does not warranty to solve arising issues, unless other agreements are in place with USER.
MIPSOLOGY does not claim nor warrant that the APPLICATION is free of errors. MIPSOLOGY uses quality control before delivering the APPLICATION to reduce the occurrence of errors and issues.
MIPSOLOGY may provide updates of the APPLICATION, which USER agrees to use. MIPSOLOGY may also collect and access non-personally identifiable information on error arising during the APPLICATION usage. USER grants the right to MIPSOLOGY to collect and access that information with the goal of improving quality.
In addition, USER is informed that MIPSOLOGY offers other support conditions. If he wishes to receive information about these other conditions, USER may contact MIPSOLOGY by sending it an email to support@mipsology.com or to other appropriate email addresses indicated on the CLOUD marketplace or by MIPSOLOGY.

9. Prices and Payment

9.1 Prices and Payment in the CLOUD

By using on the CLOUD Marketplace, usage fees will be based upon the use of the APPLICATION as a service in the CLOUD Marketplace, and accordingly to the price as shown on the CLOUD Marketplace. Billing as well as the payment methods is done based on the terms and conditions of the CLOUD Marketplace USER agreed.
USER shall comply with the CLOUD Marketplace rules and shall pay the required software and hardware fees plus any applicable sales or use taxes or other charges to the CLOUD Marketplace provider, which provides the access to the APPLICATION.
MIPSOLOGY may change at any time the price of the APPLICATION, or the price of any of the options of the APPLICATION, in accordance to the CLOUD Marketplace rules. USER agrees that such a change of price is the sole decision of MIPSOLOGY and that continuing to use the APPLICATION, or a new version of the APPLICATION, implies his agreement to pay the new price. USER may decide to stop using the APPLICATION if he disagrees with such price change, but he shall pay all usage fees and related fees linked to the APPLICATION usage before he stopped using it.
USER shall be responsible for the payment of all taxes, charges or extra costs, resulting of his use of the APPLICATION, except for any taxes based solely on MIPSOLOGY’s net income. The APPLICATION shall not reduce, offset or defer the payable amount to the CLOUD Marketplace provider for the use of the APPLICATION. USER may use multiple instances of the APPLICATION. Each usage results in paying multiple usage fees.
USER acknowledges that no provision of this agreement shall release him from the obligation to pay all amounts due to MIPSOLOGY, under this license Agreement.

9.2 Prices and Payment out of the CLOUD

The precise license terms, price and payment related to the APPLICATION usage are provided to USER in an invoice. Each invoice will be due on and payable within the period noted on it. The right to use the APPLICATION is granted only on reception by MIPSLOGY of the full payment of the amount due before the due date, and for the time period indicated on the invoice. The use of the APPLICATION before the full payment of an invoice results in the acceptation by USER of the invoiced due amount and terms.
If at any time USER fails to pay any amount due on the relevant due date, MIPSLOGY may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
If USER fails to pay any amounts due and payable, MIPSOLOGY reserve the right to end the grant of using the APPLICATION and of using all other applications, products or services from MIPSOLOGY including the right for maintenance or support. In such situation, on simple notice from MIPSOLOGY, USER will have to stop using immediately all applications or products from MIPSOLOGY. If USER continues to use the APPLICATION, or any other application from MIPSOLOGY, after such a notice, USER would have to pay in full without delay for any past and future invoiced amount of any application, product or service from MIPSOLOGY.
MIPSOLOGY shall not be liable to USER, nor any third parties, for any impact or loss related to being unable to use, even temporarily, the APPLICATION or any other application or product from MIPSOLOGY. USER shall be responsible for the payment of all taxes, charges or extra costs, resulting of his use of the APPLICATION, except for any taxes based solely on MIPSOLOGY’s net income. USER may use multiple instances of the APPLICATION. Each usage may result in paying multiple usage fees, unless specified differently. USER acknowledges that no provision of this agreement shall release him from the obligation to pay all amounts due to MIPSOLOGY, under this license Agreement. MIPSOLOGY reserves the right to use third parties to assist with certain payment processing and transactional functions, which may include the use and secured transfer of USER?s information required to perform the payments.

10. Termination and Renewal

MIPSOLOGY reserves the right to terminate this Agreement and USER’s right to use the Application in case of non-compliance any of the terms and conditions of this Agreement. In such event, USER must, with no delay, stop using the APPLICATION.
MIPSOLOGY also reserves the right to terminate this Agreement and USER’s right to use the Application at any time with a six (6) months’ notice period.

USER may cancel this Agreement at any time. Upon cancellation, USER will immediately terminate any use of the APPLICATION. Would USER use again the APPLICATION, USER would have to agree again to the Agreement. USER shall be responsible for the full payment of all APPLICATION usage fees, including any taxes, arising from the use of the APPLICATION even if the Agreement has been terminated.
The following provisions survive termination or expiration of this Agreement: 5, 6, 7, 11, 12, 13, 15 and 16.

11. Privacy

USER hereby agrees and acknowledges that the APPLICATION may access and collect non-personally identifiable data related to the use of the APPLICATION. USER grants the right to MIPSOLOGY to access the collected data with the goal of creating statistics related to the APPLICATION usage, improving the APPLICATION and related services, or using globally the collected non-personally identifiable data with the goal of promoting the APPLICATION and related services. USER warrants that he has the right to grant such consent. The collection of non-personally identifiable data can be disabled at any time by USER.
USER hereby agrees and acknowledge that MIPSOLOGY and/or the CLOUD Marketplace provider offering the APPLICATION may use some specific mechanism to track the use of the APPLICATION.
MIPSOLOGY is not responsible for the privacy statements, privacy practices, privacy related to software or service, offered or delivered by any third party, included or related to the APPLICATION or this Agreement. USER is solely responsible to verify the practices of third Parties, including the practices of the CLOUD provider and CLOUD marketplace if applicable.

12. Confidentiality

MIPSOLOGY is bound by professional secrecy and the obligation of discretion in all matters concerning the facts, information and decisions of which they become aware in the course of providing services. USER agrees to keep confidential any non-public information on the APPLICATION, the use, access, run, installation or operation of the APPLICATION and any information that would be exchanged with MIPSOLOGY, unless expressly agreed by MIPSOLOGY or one of its officers in a written form. USER will not publish, disclose, discuss, or provide to a third party, the details of operating the APPLICATION, adequacy, performance or issues of the APPLICATION, without a prior written authorization from MIPSOLOGY or one of its officers, unless the third party has agreed to this Agreement.

13. Intellectual Property

13.1. MIPSOLOGY’s intellectual property

The APPLICATION is the exclusive property of MIPSOLOGY and cannot be used without its express permission. Similarly, all editorial content, graphics style guide, logo, name, brand, trademarks and MIPSOLOGY’s domain name are protected without limitation. USER thus agrees not to infringe on MIPSOLOGY’s intellectual property rights and, as such, shall restrain from reproducing, representing, translating, modifying or broadcasting, even partially, any element protected by intellectual property rights, failing having had prior express permission. Any representation, reproduction, redistribution, adaptation of the APPLICATION, even partial, for commercial or non-commercial purposes is strictly prohibited under penalty of prosecution. USER is informed that the “MIPSOLOGY” trademark, as well as other trademarks related to the APPLICATION, has been filed for the European Union and the USA. Now therefore, any reproduction of these trademarks by USER that is not authorized by MIPSOLOGY constitutes an act of infringement of registered trademarks liable to criminal and civil prosecution.

13.2. Copyright

All title and copyrights in and to the SOFTWARE, including but not limited to all files, data, binary files, FPGA-related files, images, photographs, video, audio, music, text, source code, printed materials, and globally to any digital and non-digital information incorporated into or delivered with the APPLICATION, are owned by MIPSOLOGY, or its suppliers, unless indicated differently in this Agreement. The APPLICATION IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATY PROVISIONS. Accordingly, USER is required to treat the APPLICATION like any other copyrighted material, except as otherwise allowed pursuant to this Agreement. USER may not create copy of the APPLICATION other than for the normal and legal use of such application. USER shall not remove, obscure or modify any copyright, trademark, third party license, or any other intellectual property or proprietary notices from the APPLICATION.

13.3. Open Source Licenses

Some open source project materials are delivered as is with the APPLICATION with the only purpose of facilitating their access. The open source project materials are not included in and not mandatory to use the APPLICATION. This Agreement does not apply to these materials which are licensed to USER under its original license terms which are provided at the end of this Agreement. USER expressly agrees on those licenses when accepting this Agreement and when using the open source project materials. MIPSOLOGY reserves all rights not expressly granted herein, whether by implication, estoppel or otherwise. Liability and warranty are excluded for all open source components.

13.4. APPLICATION

Integrity The APPLICATION is licensed as a single product. Its various components shall not be separated to be used on different computers. USER may not use the APPLICATION in any manner that would promote, encourage, or allow reuse or redistribution of the APPLICATION in whole or in part, separately or included in a product or service.

14. Protection of the APPLICATION

USER shall not copy, modify, alter, sell, sub-license, rent, download, transfer or attempt to extract the APPLICATION from the CLOUD or the CLOUD Marketplace. USER shall not reverse-engineer, decompile, de-assemble the APPLICATION or any of its component. USER shall not try, by any mean, to reconstruct, discover or obtain the source code, part of source code, architecture, or information resulting from the source code processing, of the APPLICATION when the information is not delivered as a source code. USER shall not attempt to extract MIPSOLOGY knowhow by any use, access, run, installation or operation on the APPLICATION. USER shall not encourage, permit or induce any third party to do so. USER shall not disable, attempt to defeat or circumvent any protection mechanism of the APPLICATION or the CLOUD Marketplace, used to control the use of the APPLICATION or specific options, or to control the duration usage of the APPLICATION.

15. General Provisions

15.1. No Waiver

The failure of MIPSOLOGY to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit MIPSOLOGY’s right to enforce such provision at a later time. All waivers by MIPSOLOGY must be in writing.

15.2. Severability

If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. In this case, the parties shall, as far as possible, replace the cancelled provision with a valid provision that corresponds to the spirit and intent of this Agreement.

15.3. Subcontracting

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. However, MIPSOLOGY reserves the right to use, under its own responsibility, a subcontractor of its choice.

15.4. Independent contractors

The Parties are independent contractors, and neither Party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

16. Force Majeure

MIPSOLOGY will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its or our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

17. Applicable Law – Venue

The laws of the State of California, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. Any dispute relating in any way to this Agreement will only be adjudicated in a state or federal court located in Sacramento, California. Each Party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either Party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such Party’s, its affiliates or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18. List of Open Source and Third Parties Licenses

The licenses for Open Source and Third Parties materials can be found at: http://www.mipsology.com/third_party

Material used by APPLICATION: (Name, License type, Location)

  • OpenMP, GCC Runtime Library Exception, https://www.gnu.org/licenses/gcc-exception-3.1.en.html
  • aws-fpga, Apache v2.0 License, https://github.com/aws/aws-fpga

Material included for Caffe: (Name, License type, Location)

  • Caffe, BSD, https://github.com/BVLC/caffe/blob/master/LICENSE
  • CUDA, nVidia license, http://developer.download.nvidia.com/compute/cuda/7_0/Prod/doc/EULA.pdf
  • CuDNN, nVidia, https://cntk.ai/license/CUDNN_License.pdf
  • cmake, 3-clause BSD, https://gitlab.kitware.com/cmake/cmake/raw/master/Copyright.txt
  • boost-devel, Boost license, http://www.boost.org/LICENSE_1_0.txt
  • hdf5-devel, BSD-like, https://support.hdfgroup.org/ftp/HDF5/releases/COPYING
  • lmdb-devel, Open LDAP Public License, http://www.openldap.org/software/release/license.html
  • leveldb-devel, BSD, https://github.com/google/leveldb/blob/master/LICENSE
  • opencv-devel, 3-clause BSD, http://opencv.org/license.html
  • snappy-devel, Apache license, https://github.com/dain/snappy/blob/master/license.txt
  • gflags-devel, MIT, https://github.com/learn-more/gflags/blob/master/LICENSE
  • glog-devel, Apache license, https://github.com/golang/glog/blob/master/LICENSE
  • protobuf, New BSD License, https://github.com/google/protobuf/blob/master/LICENSE
  • anaconda, 3-clause BSD, https://docs.continuum.io/anaconda/eula
  • python-devel, PSF, https://docs.python.org/3/license.html
  • openblas-devel, BSD, http://www.openblas.net/

Material included for MXNet: (Name, License type, Location)

  • MXNet, Apache License, https://github.com/apache/incubator-mxnet/blob/master/LICENSE
  • CUDA, nVidia license, http://developer.download.nvidia.com/compute/cuda/7_0/Prod/doc/EULA.pdf
  • CuDNN, nVidia, https://cntk.ai/license/CUDNN_License.pdf
  • NVRTC, nVidia, https://cntk.ai/license/CUDNN_License.pdf
  • cmake, 3-clause BSD, https://gitlab.kitware.com/cmake/cmake/raw/master/Copyright.txt
  • OpenMP, GCC Runtime Library Exception, https://www.gnu.org/licenses/gcc-exception-3.1.en.html
  • openblas-devel, BSD, http://www.openblas.net/

Material included for TensorFlow: (Name, License type, Location)

  • TensorFlow, Apache License, https://github.com/tensorflow/tensorflow/blob/master/LICENSE

Material included for Neural Network examples: (Name, License type, Locations)

  • alexnet, unrestricted use, https://github.com/BVLC/caffe/tree/master/models/bvlc_alexnet
  • caffenet, unrestricted use, https://github.com/BVLC/caffe/tree/master/models/bvlc_reference_caffenet
  •  SqueezeNet, unrestricted use, https://github.com/DeepScale/SqueezeNet
  • googlenet, unrestricted use, https://github.com/BVLC/caffe/tree/master/models/bvlc_googlenet
  • NIN, non-commercial license, https://gist.github.com/mavenlin/d802a5849de39225bcc6
  • Vgg16 / Vgg19, Creative Commons Attribution License, https://gist.github.com/ksimonyan/211839e770f7b538e2d8#file-readme-md
  • Inception-v3, Apache Licence 2.0, https://github.com/tensorflow/models/blob/master/LICENSE
  • Inception-v4, Apache Licence 2.0, https://github.com/tensorflow/models/blob/master/LICENSE
  • ResNet-50, MIT License, https://github.com/KaimingHe/deep-residual-networks/blob/master/LICENSE
  • ResNet-152, MIT License, https://github.com/KaimingHe/deep-residual-networks/blob/master/LICENSE