Copyright (c) Bonsai Foundation CIC and Contributors
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
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This software integrates and makes use of the FLIR Spinnaker Software
Development Kit, which is subject to the following license agreement:
FLIR Spinnaker® SDK License Agreement
READ CAREFULLY: This is a legal agreement between you (an individual or a single entity)
(“you”) and FLIR Systems Inc. (“FLIR”). Information contained in this software or
document pertains to a Canadian product that is not controlled by the Canadian Government.
Before installing and using the Spinnaker® Software Development Kit and any updates to it
that we may at our discretion provide to you (collectively, the "SDK"), you should read
this agreement. If you do not agree with all of the terms of this agreement, do not install
or use the SDK. FLIR may change this agreement at any time and it is your responsibility
to review the most updated version of it on FLIR’s website. By continuing to use the SDK
following such changes, you agree to be bound by them.
1. Grant of License: Subject to the terms of this agreement, you are hereby granted a limited,
terminable, non-transferable, non-exclusive license and right to use the SDK only in conjunction with:
(a) those FLIR cameras listed at https://www.flir.com/products/spinnaker-sdk (as such list may be amended
by FLIR at any time and from time to time) and owned by you; and (b) the images derived from such cameras.
FLIR Systems processes your personal data when you install and use the SDK in accordance with the
information notice posted at the end of this License Agreement.
2. Free and Open Source Components: Notwithstanding anything to the contrary herein, use, copying
and distribution of components of the SDK licensed under free and open source license agreements are
governed solely by the terms of those license agreements (which are contained in the electronic
documentation for the SDK) and not this agreement.
3. Restrictions: Except as (and only if) explicitly permitted by Section 4 below, you will not, and
will not permit any third parties to: (a) copy the SDK, other than a reasonable number of backup copies
for your own use only, and such backup copies together with the original will be kept in your possession
and control; (b) provide or disclose the SDK to any third party; (c) alter, modify, reverse engineer,
decompile or disassemble the SDK, or attempt to do any of the foregoing; (d) grant sublicenses, leases,
or any other rights in the SDK to any third party; or (e) remove, alter or obscure any proprietary
rights notices (including any copyright and trademark notices) on and in the SDK.
4. Additional OEM Rights: If you are an original equipment manufacturer, then in addition to
the rights set out in Section 1 above you are hereby granted a limited, terminable, non-transferable,
non-exclusive license and right to use the SDK for the sole additional purpose of incorporating the
libraries found in the SDK (collectively, the “Libraries”) into new products developed by you, in whole
or in part, using the SDK (collectively, the “Derivative Products”) provided that you: (a) ensure that
the components of any Derivative Product that derive functionality from any of the Libraries may only
be used with FLIR products, including the SDK, and images derived from such products; (b) may only
redistribute drivers (.inf and .sys), dynamically linked libraries (.dlls and .so), executables (.exe)
and documentation (.doc, .txt, .pdf and .chm) and only to the extent necessary to support your Derivative
Products. For clarity, headers (.h), source (.c, .cpp,.cs and .vb) and statically linked libraries
(.lib and .a) cannot be redistributed; (c) will prohibit any, and ensure that there is no, redistribution
of any of the Libraries by any third party, including any end user customers; and (d) will include any
FLIR and third party proprietary rights legends or notices (including copyright and trademark notices),
unaltered and unobscured, on all Derivative Products.
5. Ownership: FLIR and third parties are the owners of and retain title to all proprietary and
intellectual property rights (including all patent, copyright, trade secret and trademark rights) in and
to the SDK. You have no right, title or interest in the SDK, except as specifically set forth herein,
and no rights in any trade-marks of FLIR. All rights not explicitly granted herein are hereby reserved.
6. Indemnification: You assume the entire risk relating to, and will indemnify, hold harmless
and defend FLIR from and against any claims, actions, lawsuits, or proceedings, and any losses,
liabilities, damages and expenses (including attorney’s fees and expenses) that arise or result from
your activities under this agreement, including the distribution or use of the SDK (including the
Libraries) and/or the development, distribution or use of any Derivative Product (including any
intellectual property infringement claims relating thereto).
7. No Warranties: Your use of the SDK is solely at your own risk. The SDK is provided “as is” and
“as available” without warranty or condition of any kind, either express, implied or statutory, including
implied warranties of merchantability, fitness for a particular application or purpose, title and
non-infringement, and FLIR hereby expressly disclaims all such warranties and conditions. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. Limitation of Liability: Notwithstanding any other provision herein, to the maximum extent
permitted by applicable law, FLIR will not under any circumstances be liable for any direct, indirect,
incidental, consequential, punitive or special losses or damages (including damages for bodily injury
or death, business interruption, loss or corruption of business information or data, loss of opportunity,
loss of privacy, cost of recovery, financial loss, loss of revenue or loss of profits for any reason
whatsoever) whether or not FLIR has been advised or should have been aware of the possibility of any
such losses or damage arising, and in no event will the aggregate and cumulative liability of FLIR for any
matters arising under this agreement or otherwise exceed $25.
9. Changes and Support: FLIR may at its sole discretion elect to provide you with limited support
services related to the SDK for such period of time as FLIR at its sole discretion elects. FLIR may change
or cease to provide the SDK and the limited Support at any time and from time to time without notice to you
and that FLIR is not obligated to provide the SDK or any support. FLIR may use any technical information,
feedback or ideas you provide to FLIR for FLIR’s business purposes, including product support and development.
10. Termination: FLIR may terminate this agreement immediately on notice to you if you violate
any of the terms of this agreement. FLIR may also terminate this agreement for convenience provided
that 30 days notice is delivered to you. Any notice given by FLIR hereunder will be effective when sent
by FLIR to the email address you provided to FLIR when you registered for a download account. On
termination, for any reason, your rights hereunder will cease and you must immediately return all
copies of the SDK to FLIR and on termination for violation or default, you will be liable to FLIR for
all damages suffered as a result of the violation or default. Sections 6-8, 10 and 12 will survive any
termination hereof.
11. Export Laws: This agreement involves products and/or technical data that may be controlled
under laws and regulations of the United States and other countries, including the United States
Export Administration Regulations, or any other applicable law, regulation, rule, guideline or order
(collectively, “Export Laws”). You will comply with all Export Laws to ensure that the SDK is not
exported, directly or indirectly, in contravention of the Export Laws. You represent and warrant to
FLIR that you are not a person barred from receiving the SDK under any Export Laws.
12. General: This agreement is the entire agreement between you and FLIR with respect to
the subject matter of this agreement. If you are signing on behalf of an entity such as a corporation,
you represent and warrant that you have the authority to bind such entity. This agreement and the
rights granted hereunder are personal to you and you may not assign this agreement to a third party
without the prior written consent of FLIR. This agreement is governed exclusively by and will be
enforced, construed, and interpreted exclusively in accordance with the laws of British Columbia (“BC”)
and the laws of Canada applicable in BC. The courts of the Province of BC will have exclusive
jurisdiction over any dispute arising under this agreement. You agree that termination and/or monetary
damages may not be a sufficient remedy if you breach this agreement and that FLIR will be entitled,
without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper
by a court of competent jurisdiction in the event of a breach. If FLIR does not exercise any legal
right or remedy in this agreement or otherwise, this will not be taken to be a formal waiver by FLIR
of its rights, which rights will remain available to FLIR. If any provision of this agreement is
construed to be illegal or invalid, the illegal or invalid provisions will be deemed stricken and
deleted herefrom to the same extent and effect as if never incorporated herein, but all other
provisions hereof will continue in full force and effect.