INSTITUTE OF EXPERIMENTAL AND APPLIED PHYSICS
CZECH TECHNICAL UNIVERSITY IN PRAGUE

PIXELMAN Software License Agreement


The Grant

The Institute of Experimental and Applied Physics at the Czech Technical University in Prague (hereinafter the "Institute") hereby grants you, a non-exclusive license as described herein to the PIXELMAN SOFTWARE and all associated libraries, images, files, data, documents and materials (hereinafter the "PIXELMAN"). By the act of copying the software, you hereby agree to all of the terms and conditions of this license.

You are hereby granted in perpetuity and subject to the limitations specified in this agreement a non-exclusive license to copy and use the PIXELMAN software for any lawful non-commercial uses or activities. (For a separate Commercial Use License, contact the Institute directly to discuss the terms and conditions).

You are also granted in perpetuity a non-exclusive license to make derivative works in the form of "PIXELMAN PLUG-INS" as provided for by PIXELMAN. (See Requirements below regarding your obligations to provide copies of source code files to the Institute and to grant-back to the Institute a non-exclusive license to that Intellectual Property.)


Limitations

Distribution -- You are prohibited from further distribution of this software beyond what is necessary for your own personal non-commercial uses. You are encouraged to direct other potential users to the Institute’s PIXELMAN distribution website to effect their own download of a copy of the software and to separately agree to the terms of this License. You may allow others to use copies of PIXELMAN that you have made under this License that you have installed on computers that you personally own or directly control. Remote access to PIXELMAN elements that have been installed on such a computing node is also permitted so long as the node and the personnel accessing the PIXELMAN elements are all directly employed by or associated with you, such as students in an academic environment under the direction of a Professor who holds a PIXELMAN License.

Commercial Uses – You are prohibited under this License from using either in part or as a whole any PIXELMAN elements for any for-profit commercial uses or activities, either directly or indirectly. (For a separate Commercial Use License, contact the Institute directly to discuss the terms and conditions).

Source-Code -- Any and all source-code for PIXELMAN is considered as a trade secret and as such any "Reverse-Engineering," de-compilation or other attempts to reconstruct or otherwise obtain a copy of the source code is strictly prohibited. Any user who has a legitimate need to obtain a copy of the source code for any elements of PIXELMAN such as to make it available on additional computer platforms is encouraged to contact the Institute to obtain access to and a separate license for the PIXELMAN source-code.


Requirements

Attribution -- "You hereby agree to give attribution to the Institute in the manner prescribed herein in any publication, presentation or other dissemination of results that are the product in whole or in part of your use of PIXELMAN. In the case of academic or scholarly works, the normal acceptable practice of citations shall include the citation to the current PIXELMAN publication references, which are available at the website location: http://www.utef.cvut.cz/ , or by contacting the Institute directly. In all other instances, such as in derivative works, internal reference comments reflecting the provenance of the PIXELMAN components shall be included. Finally, where applicable the in all other cases the attribution of “Results obtained (in part) with the use of Pixelman from the Institute of Experimental and Applied Physics at the Czech Technical University in Prague."

PIXELMAN PLUG-IN License Grant-Back -- Should you develop a PLUG-IN that is designed explicitly for or made capable of being incorporated within PIXELMAN and as provided for by PIXELMAN, by agreeing to accept this License you also hereby grant-back to the Institute a non-exclusive license to copy, use, make derivative works based on and incorporate and distribute as part of future non-commercial distributions of PIXELMAN any and all PIXELMAN PLUG-IN software that you may have developed in the past or will develop in the future. You also hereby agree to forward to the Institute in a timely fashion a copy of all necessary files, libraries, data, documents and source codes related to any such PIXELMAN PLUG-IN for the non-exclusive use by the Institute within the license you grant-back to them.

WARRANTEES

PIXELMAN is provided "AS-IS" with no specific warrantee of any kind, whether express or implied, of suitability or fitness for use for any particular application or purpose. By accepting this License you agree to hold the Institute or any of its employees or affiliates harmless for any actual, incidental or consequential damages that may be caused either directly or indirectly by your use of PIXELMAN.

General Provisions

This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the Czech Republic. Should any portion of this Agreement be found by a court of competent jurisdiction to be void or invalid as a matter of law, the balance of the agreement shall remain in force to the maximum extent allowed by law.

There are no third party beneficiaries of any promises, obligations or representations made by the Institute herein.

You agree to indemnify and hold the Institute harmless from any claims resulting from the use of PIXELMAN, which may damage any other party.