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SUPPLEMENTAL
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SUPPLEMENTAL
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SUPPLEMENTAL TERMS
This software is licensed to you under the Clear BSD License together
with these Supplemental Terms. If you are using the software on behalf
of your employer or another legal entity, you agree to these terms on
their behalf as well as on your own behalf, and you represent that you
have the legal authority to bind such employer or other legal entity to
these terms. If you do not have such authority or you or they do not
agree to the Clear BSD License and these Supplemental Terms, you and such
entity may not use this software and must delete all copies of it.
References below to “You” mean you and the employer or other legal entity
on whose behalf you are using the software.
1. SCOPE OF USE OF THE LICENSED MATERIALS: You may reproduce, prepare
derivative works of, and distribute the software solely in connection
with the implementation of (i) robotics applications or (ii) unmanned
multirotor aircraft that You develop, and that weighs less than 55
pounds.
2. DESIGN OF YOUR PRODUCTS: You acknowledge that the current and
previous copyright holders have had and will have no participation in or
control over – and no responsibility for – the design or assembly of Your
products, including drones, the integration of any of the software into
Your products, including drones, or the sale or marketing of Your
products, including drones.
3. ASSUMPTION OF RISK: You acknowledge that the operation of the
software, alone or in a product, including drones, is a potentially
dangerous activity and may result in significant harm to property or
injury or death to persons. You agree to include on Your products
prominent warnings of such risks, as may be required by law or regulation
and as may be necessary or prudent to advise users of such risks. You,
and not the current or previous copyright holders, assume all risks and
liabilities that may result from the use of the software, whether or not
modified by You and whether or not implemented in connection with a
reference design provided by any third party.
4. WARRANTY DISCLAIMER: IN ADDITION TO THE WARRANTIES DISCLAIMED IN THE
CLEAR BSD LICENSE, COPYRIGHTHOLDER MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING
OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF
PERFORMANCE. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED AS (I)
A WARRANTY OR REPRESENTATION BY COPYRIGHTHOLDER AS TO THE VALIDITY OR
SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OR
(II) A WARRANTY OR REPRESENTATION BY COPYRIGHTHOLDER THAT ANY MANUFACTURE
OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. IT SHALL BE SOLELY
YOUR RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER
INTELLECTUAL PROPERTY.
5. COPYRIGHT-ONLY LICENSE: The Clear BSD License and these Supplemental
Terms provide a copyright-only license to the software while these
Supplemental Terms and the Clear BSD License for the software are in
effect, and do not provide any patent licenses. If any patent licenses
are needed in connection with Your products and/or the software, such
patent licenses must be obtained separately and in writing.
6. INDEMNIFICATION: You agree to defend, indemnify and hold the current
and previous copyright holders, their affiliates, employees, directors,
agents, licensors, successors and assignees (each an “Indemnified Party”)
harmless from any and all claims, penalties, demands, causes of action,
liabilities, lawsuits, or damages, including attorneys’ fees and costs,
that result from or relate to the software or any product, including
drones, made, used, sold, imported, exported, or distributed by You which
uses the software or any part or derivative work thereof, even where such
product uses the software without modification and even where the design
of such product is identical to the design of any reference product,
including drones. This indemnification includes, without limitation, any
claims for damages to property or injury or death to persons and any
investigation, enforcement action, civil penalty, or other action
conducted or cost imposed by the United States Federal Aviation
Administration (FAA) or any governmental entity of the United States or
any other government.
If any third party asserts a claim or initiates an action against an
Indemnified Party for which You are responsible under this Section, the
Indemnified Party shall promptly notify You when it becomes aware of such
claim or action, provided, however, that any delay in notification shall
not relieve You from Your indemnification obligations under this
Agreement. The Indemnified Party shall have the right to participate in
the defense of such claim or action, including any related settlement
negotiations. No such claim or action may be settled or compromised
without the Indemnified Party’s express written consent, which may be
conditioned upon the execution of a release of all claims against the
Indemnified Parties by the party bringing such claim or action.
7. INSURANCE: If You make or distribute drones, or participate in making
or distributing drones, You agree to and will maintain (throughout the
time You are using any of the software in connection with such drones)
insurance providing adequate coverage for potential product liability,
personal injury, property damage, and privacy claims and litigation
associated with such drones and/or software.
8. GENERAL: These Supplemental Terms, together with the Clear BSD
License, constitute the entire agreement of You and the current and
previous copyright holders with respect to the subject matter of the
foregoing, and supersede all prior representations, understandings and
agreements with respect thereto. No amendment to the Clear BSD License
or these Supplemental Terms shall be binding unless in writing and signed
by authorized representatives of You and the current and previous
copyright holders. No waiver of any term, provision, or breach of these
Supplemental Terms or the Clear BSD License will be effective unless it
is in writing and signed by an authorized representative of the current
and previous copyright holders. Any such waiver shall be effective only
in the specific instance and for the specific purpose for which it is
given. If any provision of these Supplemental Terms or the Clear BSD
License is held to be invalid or unenforceable, whether in whole or in
part, the remaining portions of such provision (if any) and the other
provisions of these Supplemental Terms and the Clear BSD License shall
remain in full force and effect, and the provision that is found to be
invalid or unenforceable shall remain in effect to the maximum extent
permitted by applicable law. These Supplemental Terms and the Clear BSD
License shall be governed by and construed in accordance with the laws of
the State of California, U.S.A., without regard to the choice of laws
principles thereof. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply. Any dispute, claim or
controversy arising out of or relating to this Agreement shall be
adjudicated only by a court of competent jurisdiction in San Diego,
California, U.S.A., and You consent to the personal jurisdiction of such
court for purposes of such dispute, claim or controversy.