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LICENSE.txt
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Software Licence
This licence agreement (the “Licence”) is a legal agreement
between you (the “Licensee” or “you”) and Dublin City
University of Collins Avenue, Glasnevin, Dublin 9, Ireland (the
“Licensor”, “DCU”, “us” or “we”) for “Irish BERT” in any
version published or distributed with this licence in a file
“LICENSE.txt” present in its main folder (the “Software”).
IMPORTANT NOTICE TO ALL USERS:
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE,
DO NOT USE THE SOFTWARE.
Grant and scope of licence
1. In consideration of your agreeing to abide by the terms of
this Licence, the Licensor hereby grants to you a
non-exclusive, non-transferable, non-sub-licensable,
revocable licence to use the Software for non-commercial
purposes on the terms of this Licence.
2. If you intend on using the Software for commercial
purposes, you must obtain a commercial licence from the DCU
Invent. For further information please contact
Restrictions
3. Except as expressly set out in this Licence, you undertake:
1. not to use the Software for commercial purposes;
2. not to translate the Software into any computer
language aside from the current source code language;
and
3. not to rent, lease, sub-license or loan the Software.
Obligations
4. You undertake and warrant:
1. To reference your use of the Software in any
publications or academic research which is based or
partly based on findings obtained using the Software
including where the Software is used to gather data or
information used in such publications or academic
research. Your obligations under this clause will be
met where you include wording along the following
lines in your publication or academic research:
“Irish BERT [version number] used under licence from
ADAPT at Dublin City University through SFI Grant
Number 13/RC/2106”.
2. Any additions, updates, amendments, modifications,
adaptions or improvements which you make to all or
part of the source code of the Software (including but
not limited to the use of application programming
interfaces (API’s)) (“Improvements”) will
automatically be owned by Licensor. To the extent that
they are not automatically owned by DCU, you hereby
irrevocably assign all Improvements to DCU.
Intellectual property rights
5. You acknowledge that all intellectual property rights in
the Software throughout the world belong to the Licensor,
that rights in the Software are licensed (not sold) to you,
and that you have no rights in, or to, the Software other
than the right to use them in accordance with the terms of
this Licence.
No Warranty
6. You acknowledge that any the Software is provided to you on
an "as is" basis now and in the future. All conditions,
warranties or other terms which might have effect between
the parties or be implied or incorporated into this licence
or any collateral contract, whether by statute, common law
or otherwise, are hereby excluded to the maximum extent
permitted by law, including the implied conditions,
warranties or other terms as to satisfactory quality,
fitness for purpose or the use of reasonable skill and care
in the preparation of the Software.
7. You acknowledge that the Software may not be free of errors
or bugs. DCU has no obligation to support or update the
Software in any way.
Limitation of Liability
8. You acknowledge that the Software has not been developed to
meet your individual requirements and that it is therefore
your responsibility to ensure that the facilities and
functions of the Software meet your requirements.
9. We shall not under any circumstances whatever be liable to
you, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, arising under or in
connection with the Licence for loss of profits, sales,
business, or revenue, business interruption, loss of
anticipated savings, loss or corruption of data or
information, loss of business opportunity, goodwill or
reputation or any indirect or consequential loss or damage.
10. Other than the losses set out in term 9 (for which we are
not liable), our maximum aggregate liability under or in
connection with this Licence whether in contract, tort
(including negligence) or otherwise, shall in all
circumstances be limited to a sum equal to the total fees
paid by the Licensee to DCU. This maximum cap does not
apply to term 11.
11. Nothing in this Licence shall limit or exclude our
liability for death or personal injury resulting from our
negligence, fraud or fraudulent misrepresentation or any
other liability that cannot be excluded or limited by Irish
law.
12. This Licence sets out the full extent of our obligations
and liabilities in respect of the supply of the Software.
Except as expressly stated in this Licence, there are no
conditions, warranties, representations or other terms,
express or implied, that are binding on us. Any condition,
warranty, representation or other term concerning the
supply of the Software which might otherwise be implied
into, or incorporated in, this Licence whether by statute,
common law or otherwise, is excluded to the fullest extent
permitted by law.
Termination
13. We may terminate this Licence immediately by written notice
to you if you commit a breach of this Licence which you
fail to remedy (if remediable) within 14 days after the
service on you of written notice requiring you to do so.
14. Upon termination for any reason:
1. all rights granted to you under this Licence shall
cease;
2. you must cease all activities authorised by this
Licence; and
3. you must immediately delete or remove the Software
from all computer equipment in your possession or
under your control.
Other Important Terms
15. We may transfer our rights and obligations under this
Licence to another organisation, but this will not affect
your rights or our obligations under this Licence.
16. You may only transfer your rights or your obligations under
this Licence to another person if you obtain our prior
consent in writing to do so.
17. This Licence constitutes the entire agreement between you
and us. You acknowledge that you have not relied on any
statement, promise or representation made or given by or on
behalf of us which is not set out in this Licence.
18. If we fail to insist that you perform any of your
obligations under this Licence, or if we do not enforce our
rights against you, or if we delay in doing so, that will
not mean that we have waived our rights against you and
will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only
do so in writing, and that will not mean that we will
automatically waive any later default by you.
19. Each of the conditions of this Licence operates separately.
If any court or competent authority decides that any of
them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect.
20. This Licence, its subject matter and its formation, are
governed by Irish law. You and we both agree to that the
courts of Ireland will have exclusive jurisdiction.
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