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AMEOS OPEN SOURCE LICENSE
This Ameos Open Source License is made and entered into by and between Aonix S.A. (“Aonix”) whose registered office is at 143 bis avenue de Verdun, 92130 Issy-les-Moulineaux, France and you.
You are either a party to an initial software license and maintenance agreement entered into between Aonix and you (the “Initial Agreement”) or a person who desires to use the Ameos Software, subject to the terms and conditions set forth herein.
This Ameos Open Source License is effective as of the date you first download, store, use, modify and/or distribute the Ameos Software, the source code of the Ameos Software or a work based on the Ameos Software (“Effective Date”).
In case you are a party to the Initial Agreement, this Ameos Open Source License amends said Initial Agreement.
The purpose of this Ameos Open Source License is to set forth the terms and conditions under which Licensee may use the current version of Ameos Software and the source code thereof and/or, at Licensee’s request, any previous version thereof (the “Software”) as open source software. The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the Software" and a "work that uses the Software". The former contains code derived from the Software, whereas the latter must be combined with the Software in order to run.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, MAINTENANCE AND MODIFICATION OF THE AMEOS SOFTWARE.
0. This Ameos Open Source License Agreement (“License”) applies to (i) the current and/or any previous version of the Ameos Software developed, published and distributed by Aonix; and (ii) any software or other program which is based on the Software and which is distributed under the terms of this Ameos Open Source License. Licensee is addressed as "you". Software does not include any third party software embedded therein and/or used in conjunction therewith, including but not limited to any software database management system, such as Sybase software. The "Software", below, refers to the above-mentioned Ameos software which has been developed, published and distributed by Aonix. A "work based on the Software" means either the Software or any derivative work under copyright law: that is to say, a work containing the Software or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)
"Source code" for a work means the preferred form of the work for making modifications to it. For the Software, complete source code means all the source code for all modules it contains (other than third party software), plus any associated interface definition files, plus the scripts used to control compilation and installation of the Software.
Activities other than copying, distribution, maintenance and modification are not covered by this License; they are outside its scope. The act of running a program using the Software is not restricted, and output from such a program is covered only if its contents constitute a work based on the Software (independent of the use of the Software in a tool for writing it). Whether that is true depends on what the Software does and what the program that uses the Software does. 1. You may copy, maintain and modify and distribute verbatim copies of the Software's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Software.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Software or any portion of it, thus forming a work based on the Software, and copy, maintain and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) The modified work must itself be a software.
b) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change.
c) You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License.
d) You must publish the modified work so that it becomes available to the public subject to this License.
Notwithstanding the foregoing, you are not obligated hereunder to disclose and publish any modified work based on the Software if you are a party to the Initial Agreement and:
(i) your use of the Software or any work based on the Software is strictly limited to your internal commercial or military business purposes, for so long as this is the case; or
(ii) the modified work based on the Software is developed in connection with development services for your client to be used for such client’s commercial or military internal business purposes and neither you nor your client distributes such modified work to any third party.
For the avoidance of doubt, all academic institutions must publish work based on the Software or work that uses the Software so that it becomes available to the public subject to this License.
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Software, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Software, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Software.
In addition, mere aggregation of another work not based on the Software with the Software (or with a work based on the Software) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Software (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange.
If distribution of object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place satisfies the requirement to distribute the source code, even though third parties are not compelled to copy the source along with the object code.
4. A program that contains no derivative of any portion of the Software, but is designed to work with the Software by being compiled or linked with it, is called a "work that uses the Software". Such a work, in isolation, is not a derivative work of the Software, and therefore falls outside the scope of this License.
However, linking a "work that uses the Software" with the Software creates an executable that is a derivative of the Software (because it contains portions of the Software), rather than a "work that uses the Software". The executable is therefore covered by this License.
5. You may place software facilities that are a work based on the Software side-by-side in a single software together with other software facilities not covered by this License, and distribute such a combined software, provided that the separate distribution of the work based on the Software and of the other software facilities is otherwise permitted, and provided that you do these two things:
a) Accompany the combined software with a copy of the same work based on the Software, uncombined with any other software facilities. This must be distributed under the terms of the Sections above.
b) Give prominent notice with the combined software of the fact that part of it is a work based on the Software, and explaining where to find the accompanying uncombined form of the same work.
6. You may not copy, modify, sublicense, link with, or distribute the Software except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Software is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
7. Unless you are a party to the Initial Agreement, you are not required to accept this License. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it. If you are a party to the Initial Agreement, you are required to execute this Agreement.
8. Each time you redistribute the Software (or any work based on the Software), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License.
9. In consideration of the provision by Aonix of the Software source code hereunder, you are solely responsible as from the Effective Date for the maintenance of, and any modifications to, the Software and for the distribution of any work based on the Software. Notwithstanding any clause to the contrary herein and/or in the Initial Agreement, you fully discharge Aonix from any and all obligations with respect to support and maintenance of the Software. You shall ensure that any maintenance of and/or modification to, the Software are not infringing and/or otherwise contravening upon the rights, title and/or interest of any third party. You shall defend, indemnify and keep harmless Aonix from and against any third party claim in this respect. You recognize and agree that you may be subject to royalty payments and other fees in relation to third party software associated with the use of the Software (such as, but not limited to, the database management system). You also recognize and agree that any migration from a previous version of the Software to the current version thereof is under your sole responsibility and you fully discharge Aonix from any responsibility and/or liability in this respect. You recognize that Aonix may, at its sole option, publish the Software source code in any public site of its choice.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Software at all. For example, if a patent license would not permit royalty-free redistribution of the Software by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Software.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices.
10. If the distribution and/or use of the Software is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Software under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
11. BECAUSE THE SOFTWARE, INCLUDING THE SOURCE CODE, IS PROVIDED AND LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING, AONIX OR ANY PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE,PROVIDES THE SOFTWARE SOURCE CODE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUMETHE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL AONIX OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF AONIX OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. THIS AMEOS OPEN SOURCE LICENSE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FRANCE, WITHOUT REFERENCE TO ANY CHOICE OF LAW PROVISIONS. ANY DISPUTE WHICH MAY ARISE BETWEEN THE LICENSEE AND AONIX CONCERNING THE FORMATION, CONSTRUCTION, VALIDITY, PERFORMANCE AND/OR TERMINATION OF THIS AGREEMENT, WILL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR GUARANTEE CLAIMS. THIS JURISDICTION APPLIES ALSO TO SUMMARY AND CONSERVATORY PROCEEDINGS. NOTWITHSTANDING THE FOREGOING, AONIX WILL BE ENTITLED TO BRING ACTIONS RELATING TO THE PROTECTION OF ITS INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE IN THE COURTS OF ANY TERRITORY WHERE ANY INFRINGEMENT OCCURS OR IS ALLEGED TO OCCUR. END OF TERMS AND CONDITIONS