Copyright 2017 the University of Central Florida Research Foundation, Inc.
All rights reserved.
Eugene M. Taranta II <etaranta@gmail.com>
Amirreza Samiei <samiei@knights.ucf.edu>
Mehran Maghoumi <mehran@cs.ucf.edu>
Pooya Khaloo <pooya@cs.ucf.edu>
Corey R. Pittman <cpittman@knights.ucf.edu>
Joseph J. LaViola Jr. <jjl@cs.ucf.edu>
Non-Exclusive Software License: Florida Public Educational Institution
This Agreement made by and between University of Central Florida Research
Foundation Inc., (“LICENSOR”) a not-for-profit direct service organization
for, and acting as an instrumentality of the University of Central Florida
(“UCF”) organized and established under Florida law, whose address is 12201
Research Parkway, Suite 501, Orlando, FL 32826, and third party Academic
Faculty, Researcher(s) and/or Student(s) downloading the SOFTWARE (hereinafter
"LICENSEE").
For good and valuable consideration, receipt and sufficiency of which is
hereby acknowledged, , the LICENSEE, by download of the SOFTWARE, and LICENSOR
by offering same, agree as follows:
1. Rights Granted
Non-Exclusive License. Subject to the terms and conditions of this
academic license, the Licensor hereby grants to the Licensee, a
royalty-free, non-sublicensable, non-commercial, non-exclusive, academic
research license to this software and associated documentation files
(the "SOFTWARE"), to use the SOFTWARE with restriction to academic
research use only, but including without limitation the rights to use,
copy, modify, merge, publish, but not to distribute the work, as defined
herein, and specifically the portions thereof provided to LICENSEE as
described in Section 2 (“SOFTWARE”), for educational and research
purposes.
Licensor expressly retains the right to use the SOFTWARE for any and all
commercial, research and academic purposes.
2. Description of the SOFTWARE
The SOFTWARE which is also referred as “Jackknife” is the subject of
this Agreement, includes by part: ‘Synthetic Data Generation of Time
Series Data’ sub-program which is protected by copyright registration
(Case Number: 1-4444559149) and patent application (Application number:
62/362,922) by UCF. This sub-program was used within the main SOFTWARE to
obtain the results for the paper “Jackknife: A Reliable Recognizer with Few
Samples and Many Modalities, CHI 2017”.
3. Delivery of the Work
Licensor will provide access to the Licensee via a private GITHUB
repository available at https://github.com/ISUE/Jackknife. Subject to the
terms of this Agreement, Licensee shall download SOFTWARE to Licensee’s
server.
4. Licensor's Representations
Except to the extent caused by Licensor’s willful misconduct and/or gross
negligence and only then to the extent permitted by 768.28, Florida
Statutes, Licensee accepts all liability in connection with Licensee’s use
of the Work and shall hold Licensor harmless from any claims, actions,
and/or damages that result from Licensee’s use of the Work.
5. Consideration
In consideration of this Agreement, the Licensee shall acknowledge
Licensor’s ownership of SOFTWARE and will include the following statement
on Licensee’s applicable website: Licensed by University of Central Florida
Research Foundation, Inc.
Publications resulting from Licensee’s use of the SOFTWARE shall
appropriately credit the SOFTWARE and cite the authors of publication
titled, “Jackknife: A Reliable Recognizer with Few Samples and Many
Modalities, CHI 2017.”
6. Revisions
The Licensor retains all rights to revise and/or modify the SOFTWARE.
The license granted herein shall not be construed to confer any rights
upon LICENSEE by implication, estoppel, or otherwise except as
specifically set forth herein. Any rights not expressly granted herein
are hereby expressly reserved to Licensor.
7. Amendments
The written provisions contained in this Agreement constitute the sole and
entire Agreement made between the LICENSOR and the LICENSEE concerning this
SOFTWARE, and any amendments to this Agreement shall not be valid unless
agreed to by both parties.
8. Construction, Binding Effect, and Assignment
This Agreement shall be construed and interpreted according to the laws
of the State of Florida and shall be binding upon the parties hereto,
their heirs, successors, permitted assigns, and personal
representatives.
9. NO WARRANTIES
LICENSEE AGREES THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE
WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED. NOTHING IN THIS
AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY
GIVEN BY UCFRF OR UCF THAT PRACTICE BY LICENSEE OF THE LICENSE GRANTED
HEREUNDER OR USE OF THE SOFTWARE SHALL NOT INFRINGE THE INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD PARTY.
THE SOFTWARE IS PROVIDED "AS IS" BY THE COPYRIGHT HOLDER, WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDER
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR
BUSINESS INTERRUPTION), CLAIM, OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE
10. Limitation of Liability
To the maximum extent permitted by law, in no event will LICENSOR or UCF be
responsible for any indirect damages, incidental damages, consequential
damages, exemplary damages of any kind, lost goodwill, lost profits, lost
business, and/or any indirect economic damages whatsoever regardless of
whether such damages arise from claims based upon contract, negligence,
tort (including strict liability or other legal theory), a breach of any
warranty or term of this Agreement, and regardless of whether advised or
had reason to know of the possibility of incurring such damages in advance.
Both parties agree that nothing contained herein shall be construed or
interpreted as: (1) denying to either party any remedy or defense
available to such party under the laws of the State of Florida; (2) the
consent of the State of Florida or its agents or agencies to be sued; or
(3) a waiver of sovereign immunity of the State of Florida beyond the
waiver provided in Section 768.28, Florida Statutes.
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