nao机器人使用license.docx

ALDEBARAN ROBOTICSDeveloper License terms for NAOqi OS SDK ( License Agreement )IN ORDER TO USE THE SDK, YOU MUST FIRST AGREE TO THIS LICENSE AGREEMENT. YOU MAY NOT USE THE SDK IF YOU DO NOT ACCEPT THIS LICENSE AGREEMENT.By using the Aldebaran SDK, you certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to enter into this License Agreement either on your own behalf, or on behalf of your entity or organization, and that you have the right and authority to legally bind such an organization.1. Definitions Aldebaran , we , us refers to Aldebaran Robotics, a French socit par actions simplifie with its headquarter located 43 rue du colonel Pierre Avia 75015 Paris France and registered with the trade and companies register of Paris under number 483 185 807. Developer , you refers to the end-user, individual or entity, using the SDK. Licensor refers to any entity or entities and/or individual(s) having rights to or having created the Aldebaran SDK (including any original creator of any software included in the Aldebaran SDK). Documentation refers to any explanatory materials or other specifications sup- plied with the SDK or made available online on Aldebaran website related to the SDK. Applications refers to all applications that are developed by using the Aldebaran SDK, and designed to function with other Aldebaran products and/or products running under Aldebaran operating system software. License refers to your rights to use the Aldebaran SDK under the terms of this License Agreement. Aldebaran SDK (Software Development Kit) includes all of the information with which this License Agreement is provided, including but not limited to, all software files and other computer information; any explanatory written materials and files; and any modified versions, and upgrades, updates, provided by Aldebaran to you at any time for use in connection with your Application development.2. License RightsSubject to your compliance with these terms, Aldebaran grants you, during the term, a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to use the Aldebaran SDK for the purposes of developing your Applications. If you want to use the Aldebaran SDK for any purposes other than as expressly permitted under this License Agreement, you must obtain an express and written authorization from Aldebaran. This License Agreement, however, does not grant any right on any update or upgrade of the Aldebaran SDK. In the event Aldebaran provided an update or upgrade of the Aldebaran SDK which is not used by the Developer, he, she, or it will not benefit from warranties given by Aldebaran within this License Agreement.Use, reproduction and distribution of any or all components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not by this License Agreement.3. License Restrictions3.1 Except for the limited license granted to you, you agree that all right, title and interest in and to the Aldebaran SDK including its inherent concepts and technology as well as any other elements, Aldebaran trademarks, patents, copyrights, know- hows, trade secret and all other intellectual property rights, are, and at all times, shall remain the sole and exclusive property of Aldebaran or its Licensor, if applicable.3.2 Unless permitted in these terms and except as and only to the extent as may be permitted by applicable laws or other licensing terms governing the use of open- sourced components or codes included with the Aldebaran SDK, the Developer must not: (i) alter, modify or adapt the Aldebaran SDK ; (ii) attempt to or reverse engineer, decompile, disassemble or derive the program code from any portion of the Aldebaran SDK ; (iii) participate in the efforts to or lease, rent, sell, copy, transfer or sublicense Developers rights in the Aldebaran SDK to third parties ; (iv) remove, delete or obscure any copyright notices, logos, marks, labels, or other proprietary notices or legends included in or affixed to the Aldebaran SDK.4. Use of the Aldebaran SDK4.1 Unless otherwise permitted by Aldebaran or its Licensor (if appropriate) in writing, the rights under this License Agreement are granted to you for the solepurpose of internally developing Applications, to the exclusion of any distribution, publication, or other dissemination rights of the developed Applications.4.2 You agree that you shall only use the Aldebaran SDK for the purposes and in a manner expressly permitted by this License Agreement and in accordance with applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions or regions.4.3 You shall not develop any Application which would (i) commit or facilitate the commission of a crime, or other illegal, illicit, or tortious acts in the relevant jurisdiction or region; (ii) perform any function that is illegal or illicit (in the relevant jurisdiction or region), including, without limitation, any obscenity, breach of privacy or peace, infringement or misappropriation of any intellectual property rights and/or proprietary rights of any party.4.4 You agree that you shall not engage in any activity with the Aldebaran SDK, including the development or distribution of an Application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third-party including, but not limited to Aldebaran or its Licensor.4.5 If you are authorized to distribute your Applications in accordance with Section4.1 above, you agree to include in your Applications a copyright notice reflecting the copyright ownership of the Developer (or Aldebaran or its Licensor, if applicable) in such Application.5. Updates.The present terms of the License Agreement shall apply to all updates of the Aldebaran SDK, to the extent such updates are not provided under separate terms.6. Term and Termination.6.1 The Developer may stop using the Aldebaran SDK at any time.6.2 Aldebaran may at any time terminate these terms with you if you breach any pro- vision of these terms of this License Agreement or if Aldebaran is required to do so by law.In addition, Aldebaran reserves the right to terminate these terms for any or no rea- sons. In such event Aldebaran will make reasonable effort to notify the Developer prior to termination.6.3 Upon any termination, you agree to follow instructions from Aldebaran including but not limited to destruction of the Applications, if Aldebaran determines such dis- position is reasonable and necessary at its sole discretion. At Aldebarans request, you agree to provide certification of your compliance with such instructions to Aldeb- aran. No refund or partial refund of any fees paid hereunder or any other fees (if ap- plicable) will be made for any reason.6.4 To the extent applicable, the following sections shall survive any termination of this License Agreement: Sections 2 (License Rights), 3 (License Restrictions), 4 (Use of the Aldebaran SDK), 6.3 (Survival), 7 (No warranty Limited Liability), 8 (Indemnifi- cation), 9 (Third-Party Software), 10 (Privacy), 11 (Confidentiality), 12 (Independent Development), 13 (Governing Law and Severability), 14 (Export Control Laws), 15 (No- tice to U.S Government End-Users), 16 (Conflicting Terms), and any provision that expressly states its survival and/or is necessary for the enforcement of this License Agreement.7. No warranty Limited Liability7.1 AS FAR AS PERMITTED BY APPLICABLE LAW:ALDEBARAN OR ITS LICENSOR PROVIDES THE ALDEBARAN SDK “AS IS”, AND DOES NOT WARRANT THAT THE USE OF THE SDK, FUNCTIONALITY, THE OPERATION AND/OR CONTENT WILL BE: UNINTERRUPTED, ACCURATE, COMPLETE, FREE FROM ANY SOFTWARE VIRUS OR OTHER HARMFUL COMPONENT.ALDEBARAN OR ITS LICENSOR DOES NOT WARRANT THE INTERNAL CHARACTER- ISTICS, THE COMPATIBILITY OF THE ALDEBARAN SDK WITH OTHER SOFTWARE, THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE ALDEBARAN SDK AND ITS RESULT AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS.ALDEBARAN OR ITS LICENSOR DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE OF PERFORMANCE OR MERCHANTABILITY OR RELIABILITY, USEFULNESS OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ALDEBARAN SDK AND ITS RESULTS.7.2 IN NO EVENT WILL ALDEBARAN OR ITS LICENSOR BE LIABLE FOR ANY INDI- RECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSO- EVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH THE DEVELOP- ER USE OF THE ALDEBARAN SDK, WHETHER BASED ON WARRANTY, CONTRACT,TORT, NEGLIGENCE, OR OTHERWISE AND EVEN IF ALDEBARAN OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALDEBARANS OR ITS LICENSORS TOTAL LIABILITY FOR ANY MATTER ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT, SHALL NOT EXCEED 100 (ONE HUNDRED EUROS). THESE LIMITA- TIONS SHALL APPLY EVEN IF ALDEBARAN OR ITS LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT.8. IndemnificationYou hereby agree to indemnify, defend and hold harmless Aldebaran, its Licensor, or affiliates as well as its and/or their respective successors, assigns, agents, representatives, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys fees, resulting from:(i) any violation by you of the terms of this License Agreement;(ii) any violation of certification, representation or warranty made by you in this License Agreement ;(iii) any third party claim that your Applications violate, infringe, or interfere any third-party copyright or any other intellectual property rights, or otherwise related to or arising from your development of Applications or your use of the Aldebaran SDK.9. Third-Party SoftwareThe Aldebaran SDK may contain third-party software, subject to additional terms and conditions available at 10. PrivacyThe Privacy Policy described at /en/privacy-policy governs any personal information you provide to us. By using the Aldebaran SDK, you agree to the terms of the Privacy Policy. In addition, the Developer already acknowledges and agrees that the provision of the Applications by Aldebaran may require Aldebaran to process or store the Developer personal data and to transmit such data within Aldebaran, to Aldebaran affiliates and/or authorized third parties in order to permit network-enhanced services, improve the general quality and/or functionality of its products and/or the Applications, permit development of a new version of its products and/or the Applications, fix bug, glitch, or defect, develop patch and other solution, permit to install a new version, update or upgrade, monitor and/or permit the maintenance of Aldebaran products and/or the Applications.The Developer expressly consents that Aldebaran may generate statistical data from the information provided through the Applications without identifying the Developer.Such processing, storage, transfer, access, and use may take place in any of the countries or regions in which Aldebaran and its affiliates conduct business, or where a third party may reside, access, or have their server.11. Confidentiality11.1 Confidential Information. The Developer agrees that the Applications, including pre-release software and/or hardware (as well as related documentation and materials) which Aldebaran or its Licensor provided to you as a registered Aldebaran Developer (“Pre-Release Materials”) and any information disclosed by Aldebaran to you will be considered and referred to as “Confidential Information”. Notwithstanding the foregoing, the Confidential Information will not include:(i) information that is generally and legitimately available to the public through none of your fault or breach,(ii) information that is generally made available to the public by Aldebaran or its Licensor,(iii) information that is independently developed by you without the use of any Confidential Information of Aldebaran or its Licensors,(iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or(v) any third party software and/or documentation provided to you by Aldebaran or its Licensor and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.11.2 Nondisclosure and Nonuse of the Confidential Information.Unless otherwise expressly agreed or permitted in writing by Aldebaran or its Licensor, as appropriate, you agree not to disclose, publish, network, transmit, display, or otherwise disseminate any Confidential Information to anyone other than to other registered Aldebaran Developers who are employees, contractors, and/or other representatives working for the same entity as you and then only to the extent that Aldebaran or its Licensor does not otherwise prohibit such disclosure.Except for your authorized purposes as a registered Developer or as otherwise expressly agreed or permitted by Aldebaran in writing, including, without limitation, for your or any third partys benefit, you agree not to use the Confidential Information in any way, without the prior written approval of an authorized representative of Aldebaran or its Licensor in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of the Confidential Information. You acknowledge that unauthorized disclosure or use of the Confidential Information could cause irreparable harm and significant injury to Aldebaran or its Licensors that may be difficult to ascertain. Accordingly, you agree that Aldebaran or its Licensor will have the right to seek immediate injunctive relief to enforce your obligations under this License Agreement in addition to any other rights and remedies it or they may have. If you are required by law, regulation orpursuant to the valid binding order of a court of competent jurisdiction to disclose the Confidential Information, you may make such disclosure, but only if you have notified Aldebaran before making such disclosure (to the extent permitted under applicable law or regulation) and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as the Confidential Information.11.3 Paid Content License and Restrictions.As a registered Aldebaran Developer, you may have access to certain proprietary content (including, without limitation, video presentations and audio recordings) that Aldebaran may make available to you from time to time for a separate fee (“Paid Content”). Paid Content shall be considered Confidential Information, unless otherwise agreed or permitted in writing by Aldebaran. You may not share the Paid Content with anyone, including, without limitation, employees, contractors, or other representatives working for the same entity as you, regardless of whether they are registered Aldebaran Developers. Subject to these terms and conditions, Aldebaran grants you a personal and nontransferable license to access and use the Paid Content for authorized purposes as a registered Aldebaran Developer; provided that you may only download one (1) copy of the Paid Content and such download must be completed within the time period specified by Aldebaran for such download. Except as expressly permitted by Aldebaran, you shall not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer or participate in the transfer or sale of any rights in the Paid Content. Aldebaran and/or or its Licensor retains ownership of the Paid Content itself and any copies or portions thereof. The Paid Content is licensed, not sold, to you by Aldebaran for use only under this License Agreement, and Aldebaran reserves all rights not expressly granted to you. Notwithstanding anything to the contrary contained herein, your rights under this license to use and access the Paid Content will terminate automatically without notice from Aldebaran if you fail to comply with any of these confidentiality provisions.12. Independent Development. Nothing in this License Agreement will impair any right of Aldebaran or any of its Licensor to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, so