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MARLIN DEVELOPER COMMUNITY COPYRIGHT LICENSE This Marlin Developer Community Copyright License ("License") is a legal agreement between you (either an individual or an entity) ("You") and the Marlin Developer Community LLC ("Licensor") and sets out the rights and obligations You will be required to accept if you seek to download any of Marlin specifications ("Specification"). You agree to be bound by the followings before you download the Specifications, and if you do not agree, do not download them. If you do not understand these terms, You should seek assistance from Your legal advisor. 1. LICENSE GRANT You acknowledge and agree that the Specifications are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, subject to Your compliance with the terms and conditions contained in this License, Licensor grants to You a personal, limited, non-exclusive, revocable, royalty free license under Licensor's copyrights in and to the Specifications solely to download, copy, reproduce, or use the Specifications for Non-Commercial internal evaluation purposes only. For the purpose of this License, ("Non-Commercial") means that You are not deriving any commercial benefit, directly or indirectly, from the rights here granted. 2. LEGAL LIMITATIONS ON YOUR USE OF THE SPECIFICATIONS This License does not grant You any right to distribute, market or otherwise transfer or disclose the Specifications or any derivative works thereof, nor to make, have made, sell, offer for sale, or distribute any product or service incorporating any portion of the Specifications. You shall not claim that anything You have developed is compliant with the Specifications. 3. NO OTHER LICENSES You acknowledge and agree that except as expressly set forth in Section 1 of this License, nothing contained in this License shall be construed as granting, by implication, estoppel or otherwise, any right or license to any patent, copyright, trademark, know-how or trade secrets or any intellectual property right or other proprietary right. 4. TERM AND TERMINATION a. Your License shall commence when You accept the terms of this License by downloading the Specifications. b. Your License will terminate automatically if You fail to comply with any of the terms and conditions of this License. c. Upon termination of this License for whatever reason by Licensor, You shall immediately cease using and destroy the Specifications. d. All provisions of this License, the survival of which are necessary for the interpretation or enforcement of a party's rights or obligations, shall survive termination of this License and shall continue in full force and effect. 5. COPYRIGHT NOTICES You shall not remove or vary the copyright notice or otherwise denigrate the integrity of the copyright in the Specifications and all copies or reproductions of the Specifications shall bear a clear notice asserting Licensor's copyright. The notice shall use the exact wording employed by Licensor in its copyright notice on the Specifications. 6. WARRANTIES THE SPECIFICATIONS AND ANY AND ALL INFORMATION IS PROVIDED TO YOU "AS IS". LICENSOR ON BEHALF OF ITSELF AND ALL PARTIES CONTRIBUTING TO THE SPECIFICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLILITY, COMPLETENESS OR NON-INFRINGEMENT. 7. INDEMNIFICATION You agree that You will, without prejudice to any other right of action which the Licensor may have, at all times keep the Licensor fully and effectively indemnified against and hold Licensor harmless against any and all liability (which l?ability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which the Licensor may suffer or incur as a result of, or by reason of, any breach or non-fulfillment of any of Your obligations regarding this License. 8. NO ASSIGNMENT This License is not assignable, in whole or in part, to any third party without the prior written consent of the Licensor, and any attempt to do so shall be null and void. 9. NO WAIVER No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. 10. SEVERABILITY If any of the provisions of this License conflict with governing law or are determined to be null, void, or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision will be deemed stricken from the License, and the remaining terms, provisions, covenants and restrictions of this License shall remain in full force and effect. 11. ENTIRE AGREEMENT This License sets forth the entire understanding and agreement between You and the Licensor as to the subject matter of this License and supersedes, cancels and merges all prior agreements, negotiations, commitments, communications and discussions as to the subject matter hereof, including without limitation, any earlier versions of copyright licenses under the Specifications accepted by You. This License may not be modified except by written consent of Licensor. 12. COMPLIANCE WITH LAWS AND REGULATIONS You agree to comply at all times with all applicable laws, rules and regulations of the European Union, United States and other jurisdictions including without limitation, export control and antitrust laws. 13. REMEDIES You acknowledge and agree that any unauthorized use of the Specifications would result in irreparable injury to Licensor for which money damages would be an inadequate remedy and Licensor shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use. 14. APPLICABLE LAW AND JURISDICTION This License shall be governed by and construed in accordance with the laws of the state of California. Any action or litigation concerning this License must take place exclusively in the federal courts, and if federal jurisdiction does not exist, then state courts, in each case located in Santa Clara County, and the parties expressly consent to the exclusive jurisdiction of and venue in such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens.
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