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Personal, Research, Development & Educational License Agreement

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING AND USING THE LICENSED MATERIALS. THIS LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR A SINGLE LEGAL ENTITY)(“YOU”) AND CLEARML (“CLEARML”) COVERING THE CLEARML FRACTIONAL GPU PRODUCT.

By downloading and/or using or installing products from ClearML you automatically agree to and are bound by the terms and conditions of this agreement.

PLEASE NOTE THAT THIS AGREEMENT IS INTENDED FOR NON-COMMERCIAL USE OF THE PRODUCT. IF YOU INTENT TO USE CLEARML PRODUCTS FOR COMMERCIAL PURPOSES, THEN PLEASE CONTACT [email protected] TO ARRANGE AN AGREEMENT WITH US BASED ON OUR COMMERCIAL LICENSE TERMS

1. DEFINITIONS

“Intellectual Property” means any or all of the following and all rights in, arising out of, or associated with:

  1. all inventions (whether patentable or not), invention disclosures, improvements, trade secrets, proprietary information, know how, technology, algorithms, techniques, methods, devices, technical data, customer lists, and all documentation embodying or evidencing any of the foregoing;
  2. all computer software, source codes, object codes, firmware, development tools, files, records, data, and all media on which any of the foregoing is recorded

“Product” means the software provided by ClearML.

“You” the opposite contract party, being the party to whom an offer is made by ClearML, or with whom an agreement is concluded by ClearML, or to whom the Product is supplied.

2. LICENSE TO USE

ClearML hereby grants you the following limited, non-exclusive, non-transferable, no-charge, and royalty-free licenses to use, modify, and distribute the Product provided you do so for non-commercial (personal, educational, research and development, demonstration) purposes:

  1. Copyright license
  2. Patent license, where such license only applies to those patent claims licensable by ClearML.

Specifically you are allowed to:

  1. Use the Product in your design to create, simulate, implement, manufacture, research or build any software or hardware product as long as you don't do so to make a profit directly from it.
  2. Distribute the Product, provided the original disclaimer and copyright notice are retained and this Agreement is part of the distribution and as long as it is not a part of your own product or service.

3. OWNERSHIP

The Product, its documentation, and any associated material is owned by ClearML and is protected by copyright and other intellectual property right laws.

Any modification or addition to the Product, documentation, and any associated materials or derivatives thereof, that You intentionally submit to ClearML for inclusion in the Product will become part of the Product and thus owned and copyrighted by ClearML.

By submitting any material for inclusion you wave any ownership, copyright, and patent rights and claims for the use of the submitted material in the Product. “Submitting” means any form of electronic, verbal, or written communication sent to ClearML or its representatives, including, but not limited to, email, mailing lists, source repositories, and issue tracking systems for the purpose of discussing and improving the Product.

You shall not remove any copyright, disclaimers, or other notices from any parts of the Product.

4. RIGHT OF EQUITABLE RELIEF

You acknowledge and agree that violation of this agreement may cause ClearML irreparable injury for which an adequate remedy at law may not be available. Therefore ClearML shall be entitled to seek all remedies that may be available under equity, including immediate injunctive relief, in addition to whatever remedies may be available at law.

5. DISCLAIMER OF WARRANTY

The Product is provided “AS IS”. ClearML has no obligation to provide maintenance or support services in connection with the Product.

CLEARML DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OR RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLEARML BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTIONS OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.