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LICENSE
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Secure Biometric Analysis System Custom License
Version 1.0
© 2024, Jose Tomas Perez-Acle
Contact: jtperez.acle@gmail.com
1. Definitions
“Software”
Refers to all source code, object code, sample code, binaries, scripts, documentation, and other materials related to the Secure Biometric Analysis System, as made available under this License, including any updates, modifications, or derivative works thereof provided under this License.
“Owner”
The original creator and licensor of the Software, Jose Tomas Perez-Acle, a Chilean national, reachable at jtperez.acle@gmail.com.
“You” (or “Your”)
Any individual or legal entity that uses, reproduces, modifies, distributes, or otherwise exploits the Software in whole or in part.
“Patent Rights”
Any patent or patent application (including continuations, continuations-in-part, divisionals, reissues, and reexaminations) owned or controlled by the Owner that covers the functionalities, methods, or processes within the Software.
2. License Grant
Limited, Non-Exclusive License (Non-Commercial/Academic Use)
Subject to Your compliance with all terms and conditions of this License, the Owner hereby grants You a worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free license (except as noted in Section 3) to:
Use, reproduce, and modify the Software solely for non-commercial, internal, research, or academic purposes.
Distribute unmodified or modified copies of the Software only if You include a copy of this License and maintain clear attribution to the Owner.
Restrictions
You must not remove or alter any copyright notices, disclaimers, or attribution notices in the Software.
You must not misrepresent the origin of the Software, and You must give appropriate credit to the Owner.
You must not use the Software for any illegal, unethical, or privacy-violating activities, especially where biometric data may be involved.
3. Commercial Use and Patent Rights
Commercial Use Prohibition
This License does not grant You the right to use the Software for commercial or revenue-generating purposes (e.g., offering biometric services for a fee). If You wish to engage in commercial use, You must obtain a separate commercial license from the Owner.
Patent Notice
The Owner may possess Patent Rights that cover portions of the Software. Nothing in this License grants or implies a license to use those Patent Rights for commercial or revenue-generating purposes. Any commercial exploitation of functionalities covered by these Patent Rights requires a separate written agreement with the Owner.
Patent Assertion and Termination
If You file or maintain any patent claim (including cross-claims or counterclaims) against the Owner or any user of the Software alleging that the Software infringes Your patent(s), this License terminates immediately with respect to You, and all rights granted herein will revert to the Owner.
4. Contributions
Voluntary Contributions
If You submit any code, documentation, or other materials to be incorporated into the Software (e.g., via pull requests), You represent and warrant that You have all necessary rights to do so.
License to Owner
By submitting a contribution, You grant the Owner a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, prepare derivative works of, display, perform, sublicense, and distribute Your contribution as part of the Software under the terms of this License or any subsequent version.
5. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU BEAR THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Owner from and against any and all claims, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees) arising from or related to:
Your use or distribution of the Software in violation of this License;
Your breach of any of the terms or conditions set forth in this License; or
Claims that Your use of the Software infringes or violates any third party’s intellectual property, privacy, or other rights (to the extent such infringement or violation is not caused by the unmodified Software itself).
8. Termination
Automatic Termination
Any breach of this License immediately terminates Your rights under this License. Upon termination, You must cease all use, distribution, and reproduction of the Software.
Survival
Sections addressing Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Patent Rights, and any accrued rights or obligations shall survive termination of this License.
9. Governing Law and Dispute Resolution
Governing Law
This License shall be governed by and construed in accordance with the laws of the Republic of Chile, without regard to its conflict-of-law principles.
Dispute Resolution
Any dispute arising out of or related to this License, including its validity, interpretation, or enforcement, shall be subject to the exclusive jurisdiction of the courts located in Chile. You consent to personal jurisdiction and venue in such courts.
10. Entire Agreement
This License constitutes the entire agreement between the Owner and You regarding the Software and supersedes all prior agreements, understandings, or representations with respect to its subject matter. No modification or amendment of this License shall be binding unless in writing and signed by the Owner.
For inquiries regarding commercial use or patent licensing, please contact:
jtperez.acle@gmail.com
END OF LICENSE