Please read carefully the following terms and conditions and any accompanying documentation before you download and/or use the BodyTalk Software/Data, (the "Software"). By downloading and/or using the Software, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree with these terms and conditions, you must not download and/or use the Software. Any infringement of the terms of this agreement will automatically terminate your rights under this License
The Software and the associated materials has been developed at the
Max Planck Institute for Intelligent Systems (hereinafter "MPI") and the Max Planck Institute for Biological Cybernetics (hereinafter “KYB”).
Any copyright or patent right is owned by and proprietary material of the
Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter collectively “Max-Planck”)
hereinafter the “Licensor”.
Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right:
Any other use, in particular any use for commercial purposes, is prohibited. This includes, without limitation, incorporation in a commercial product, use in a commercial service, or production of other artefacts for commercial purposes. The Software may not be reproduced, modified and/or made available in any form to any third party without Max-Planck’s prior written permission.
The Software may not be used for pornographic purposes or to generate pornographic material whether commercial or not. This license also prohibits the use of the Software to train methods/algorithms/neural networks/etc. for commercial use of any kind. By downloading the Software, you agree not to reverse engineer it.
The Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
You expressly acknowledge and agree that the Software results from basic research, is provided “AS IS”, may contain errors, and that any use of the Software is at your sole risk. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT. Specifically, and not to limit the foregoing, licensor makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of the Software, (ii) that the use of the Software will not infringe any patents, copyrights or other intellectual property rights of a third party, and (iii) that the use of the Software will not cause any damage of any kind to you or a third party.
Because this Software License Agreement qualifies as a donation, according to Section 521 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) Licensor as a donor is liable for intent and gross negligence only. If the Licensor fraudulently conceals a legal or material defect, they are obliged to compensate the Licensee for the resulting damage.
Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. For the avoidance of doubt Licensor shall be liable in accordance with the German Product Liability Act in the event of product liability. The foregoing applies also to Licensor’s legal representatives or assistants in performance. Any further liability shall be excluded.
Patent claims generated through the usage of the Software cannot be directed towards the copyright holders.
The Software is provided in the state of development the licensor defines. If modified or extended by Licensee, the Licensor makes no claims about the fitness of the Software and is not responsible for any problems such modifications cause.
You understand and agree that Max-Planck is under no obligation to provide either maintenance services, update services, notices of latent defects, or corrections of defects with regard to the Data. Max-Planck nevertheless reserves the right to update, modify, or discontinue the Data at any time.
You acknowledge that the Software is a valuable scientific resource and agree to appropriately reference the following paper in any publication making use of the Software.
For commercial uses of the Software, please send email to firstname.lastname@example.org
This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention.