VHToolkit : License

General

All Toolkit users are bound by the below Virtual Human Toolkit License Agreement as well as all Bundled Components licenses.

ICT Virtual Human Toolkit License Agreement

RESEARCH SOFTWARE LICENSE AGREEMENT
Virtual Human Toolkit
Version 1.0, December 7 2009

 

GOVERNMENT PURPOSE SOFTWARE LICENSE AGREEMENT Virtual Human Toolkit Version 1.0, December 7 2009

This AGREEMENT is by and between the University of Southern California, a non-profit public benefit corporation (hereinafter, “USC”) and the individual or organization executing this Agreement below (hereinafter, "You").

WHEREAS, USC principally through its Institute for Creative Technologies (ICT) has developed the “Toolkit” defined below, arising from research funded in part by the U.S. Government;

WHEREAS, USC has recorded various portions of the “Software” defined below under USC Files 3956 (NPCEditor); 4090 (SmartBody); 4091 (Nonverbal Behavior Generator); 08 200 (VHMsg); 09 252 (Watson); 10 104 (AcquireSpeech client); 10 106 (Launcher); and others;

WHEREAS, USC distributes the Toolkit together with those certain software packages listed in Exhibit A (the “Bundled Components”);

WHEREAS, The Bundled Components are made available under the terms of their own respective licenses (the “External Licenses”); and

WHEREAS, You wish to use the Toolkit and the Bundled Components in accordance with this Agreement for the “Government Purpose” defined below;

NOW, in consideration of the foregoing, the parties agree as follows:

1. Definitions

(a) “Government Purpose” means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations.  Government Purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so. 

(b)

means any use of the Toolkit by You solely for internal, research, U.S. government, education, and/or evaluation purposes.  Except in connection with bona-fide government use, Government Purposes do not include any use of the Toolkit in connection with the manufacture, distribution or sale of any product or service. 

(b) “Software” means the Toolkit and the Bundled Components.

(c) “Toolkit” means those certain software modules, tools, libraries and documentation that together support the creation of virtual humans and that are delivered to You pursuant to this Agreement. For the purposes of this Agreement, the term Toolkit does not include the Bundled Components.

2. Licenses.

(a) Toolkit License. Subject to the terms and conditions set forth in this Agreement, USC grants to You a personal, nontransferable, non-exclusive license to use the Toolkit for Government Purposes only. All rights not expressly granted are retained.

(b) External Licenses. You agree to use the Bundled Components according to their respective External Licenses, as indicated in Exhibit A; and you agree to be bound by the rights and obligations of the applicable External Licenses in connection with your use of the Bundled Components.  USC MAKES NO WARRANTY OR REPRESENATION THAT THE EXTERNAL LICENSES FOR THE BUNDLED COMPONENTS WILL EXTEND RIGHTS TO USE THE APPLICABLE SOFTWARE FOR A GOVERNMENT PURPOSE.  YOU AGREE TO REVIEW EACH EXTERNAL LICENSE TO CONFIRM SUCH EXTERNAL LICENSE GRANTS YOU THE RIGHTS YOU NEED TO USE THE TOOLKIT FOR YOUR INTENDED GOVERNMENT PURPOSES.

3. Copyright Notices and Attribution. You agree to retain any copyright notices that appear in the Software. You agree to acknowledge USC’s Institute for Creative Technologies with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of (a) the Toolkit, and (b) any Bundled Components that are used in connection with the Toolkit.

4. Reverse Engineering. You agree not to alter, duplicate, make copies, create derivative works from, distribute, de-compile, reverse engineer or disassemble any executable portions of the Software.

5. Non-Assignment. This Agreement is personal between USC and You. No ownership interest in the Software is transferred to You. You may not assign, transfer or sublicense Your rights hereunder without the written consent of USC.

6. Effective Date and Termination. By clicking on the "ACCEPT" button below, or by installing the Software on any computer, You consent to be bound by this Agreement. This Agreement becomes effective on the date You click on the ACCEPT button below, or the date You install the Software, whichever date occurs first (the “Effective Date”). USC may terminate this Agreement with or without cause at any time by (i) sending written notice of termination to You at the address specified below; or (ii) by general notice published on the web site from which you obtained the Software. Upon any termination of this Agreement, You agree to destroy or return all copies to USC.

7. No Export. You will not, directly or indirectly, export the Software to any country to which such export is prohibited by law. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

8. As-Is. USC has no obligation to support or maintain the Software and provides the Software "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE. USC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT.

9. Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California, USA, applicable to agreements made and to be performed wholly therein without regard to its conflicts of law rules. Any cause of action or claim You may have with respect to the Software must be brought in Los Angeles County, California within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. USC's failure to insist upon or enforce strict performance of any provision of this Agreement is not a waiver of any provision or right.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL USC BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST GOODWILL, LOST PROFITS, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THIS AGREEMENT, AND REGARDLESS OF WHETHER A PARTY WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

CERTIFICATION AND CONSENT TO TERMS

I certify that I am not a national or a resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled portions of Afghanistan or any other country subject to U.S. trade sanctions, nor, to the best of my knowledge, have I been designated a Specially Designated National, Blocked Person, or otherwise been denied export-related privileges by the United States Government.

 

Exhibit A , Bundled Components, May 31 2012

All components are ordered by Name, License Type, Used By Toolkit Component, License Owner, License Link.

Miscellaneous

Listed here are licenses that are not available online or in the toolkit code: