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COMMUNITY LICENSE

MOTORCORTEX FREE OF CHARGE COMMUNITY LICENSE​

DonkeyClip is a Company (“DonkeyClip”).

DonkeyClip provides a free-of-charge ”Community” license for MotorCortex. The only restriction on MotorCortex’s use under this license is that MotorCortex cannot be used for commercial purposes Outside DC, as explained in the legal deed. Such cases are covered with a Custom License.

This is a legal agreement between you (either an individual or a single entity) and DonkeyClip for the MotorCortex and any Updates. If you do not agree with this license, do not download or use the MotorCortex

1. Definitions:​

  • Comercial means primarily intended for or directed towards commercial advantage or monetary compensation.
  • DC Universe means a set of tools and infrastructures provided by DonkeyClip that allows users to create, publish, manage and distribute their clips.
  • Inside DC means to use MotorCortex solely via the DC Universe.
  • Licensed Rights means the rights granted to You subject to the terms and conditions of this Community License,
  • Modification means any of the following:
    • a) any file in source code form that results from an addition to, deletion from, or modification of the contents of MotorCortex; or
    • b) any new file in source code form that contains MotorCortex.
  • MotorCortex means the proprietary code, whether in source or object form and its documentation and any updates thereof as provided at DonkeyClip’s sole discretion from time, that is available for download at https://www.npmjs.com/package/@donkeyclip/motorcortex.
  • New Material means any clip or software or system or Software as a Service (SaaS) that uses, in whole or in part or is derived from or based upon MotorCortex.
  • Outside DC means to Use MotorCortex outside the DC Universe.
  • You means the individual or entity exercising the Licensed Rights under this Community License.
  • Use means to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit MotorCortex, either on an unmodified basis, with Modifications, or as part of New Material.

2. License Grant​

2.1. Subject to the terms and conditions of this Community Agreement, DonkeyClip hereby grants you a non-exclusive, worldwide, non-transferable right to use MotorCortex, either on an unmodified basis, with Modifications or as part of New Material including Commercial uses, provided the Licensed Rights are exercised Inside DC. If you would like to Use MotorCortex for Commercial Uses Outside DC, simply check out the DC Partner Tier page and apply for a MotorCortex Custom License.

2.2. DonkeyClip patent or trademark rights or service marks or logos are not licensed under this Community License.

3. Limitations of License and Restrictions​

3.1. For the avoidance of doubt You agree that you will not sell, rent or license MotorCortex’s source code or any Modification thereof to any third party, without the prior written consent of DonkeyClip. Distribution of MotorCortex as part of Your New Material is acceptable solely as part of Your New Material.

3.2. You may Use the MotorCortex in object form as embedded in Your New Material for Commercial Uses so long the New Material is Using MotorCortex Inside DC.

3.3. You may make Modifications solely for your own use in order to perform bug fixes or other minor edits required to operate MotorCortex.

4. License Conditions​

4.1 The Licensed Rights granted to You under this Community License are at no charge, subject to the following:

  • a. You Use MotorCortex in whole or in part for Non-Commercial Uses.
  • b. You Use the MotorCortex, in whole or in part for Commercial Uses solely Inside DC.

4.2. In the event your intended use of MotorCortex does not meet the criteria for the ‘free of charge’ Community License as set forth in paragraph 4.1. above, then the Licensed Rights do not apply and you need to acquire a Custom License under one of our Partner Tier Levels.

4.3. You may not modify or delete any DonkeyClip’s existing copyright notices located in the MotorCortex source code.

5. Title and Ownership​

MotorCortex is licensed, not sold and is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in MotorCortex is transferred to You. You further acknowledge that title and full ownership rights to MotorCortex, including all intellectual property rights herein, will remain the exclusive property of DonkeyClip and you will not acquire any rights to MotorCortex except as expressly set forth in this Agreement. You agree that any copies of MotorCortex you make will contain same proprietary notices which appear on and in MotorCortex. You agree that DonkeyClip may identify you as a licensee, unless you make a written request otherwise. DonkeyClip hereby grants you the right to disclose that your product, game, software application, component or other New Material makes use of MotorCortex (for example powered by DonkeyClip).

6. Disclaimer of Warranty​

6.1. Unless required by applicable law or agreed to in writing, DonkeyClip provides MotorCortex on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of Using MotorCortex and assume any risks associated with Your exercise of the Licensed Rights.

6.2. DonkeyClip may at its sole discretion provide support services related to MotorCortex but has no obligation to do so.

7. Limitation of Liability​

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall DonkeyClip be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Community License or out of the Use or inability to Use MotorCortex (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses).

8. Term and Termination​

This Community License applies for the term of the Copyright licensed here. If You at any time fail to comply with this Community License, DonkeyClip has the right to immediately terminate the license granted herein and pursue any other legal or equitable remedies available.

9.Miscellaneous​

9.1. DonkeyClip shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

9.2. This Community Licence is the entire agreement between the parties with respect to the MotorCortex and the Licensed Rights. It replaces any earlier understandings, agreements or representations with respect to the Resource not specified here.

9.3. No term or condition of this Community Licence will be waived and no failure to comply (for example, by Using Commercially MotorCortex for a clip Outside DC) will be consented to, unless expressly agreed by DonkeyClip. You will not be entitled to rely on the terms of this Community License or to complain of any breach by DonkeyClip.

9.4 Nothing in this Community License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the DonkeyClip or You, including from the applicable legal processes and laws as stated in paragraph 9.5 below.

9.5. In case of any dispute arising in relation to this Community Licence, the competent courts are those of Athens/Greece, and the applicable laws are those of Greece.