BRAPH Software License Terms
- The Braph software is developed by Prof. Giovanni Volpe (the “Licensor”, “we” or “us”) and related contributors as further set forth on the Braph website located at www.braph.org. By installing and using Braph, you and your organisation is granted a license to use Braph subject to these terms. If you do not accept these terms, please do not install and do not use Braph.
- This license pertains solely to use of Braph in combination with Matlab® and requires that that you also have a proper and valid license to use Matlab® in addition to this license.
- Braph is provided together with its source code and intended to be viewed and used as open source. The intent is that you shall be able to freely use and develop Braph for your research, development and educational purposes. However, as much as we encourage use and development of Braph, we want to restrict redistribution and commercial sublicensing, which means that there are some restrictions to your use set forth in Section 2.4.
- Intellectual property rights and license
- Any and all intellectual property rights, including without limitation copyright protected materials, source code, database rights, registered and unregistered trade-marks, registered and unregistered design rights, patents and patentable inventions, know how (regardless if patentable or not) and all other rights in or relating to Braph is the exclusive property of the Licensor, or the property of the Licensor’s contributing licensors as applicable.
- You are granted a non-exclusive, royalty-free right and license to use Braph for your internal research and development, including commercial research and development, as well as for educational and academic purposes. The license furthermore includes the right to access and amend the source code of Braph and implement such changes in Braph as you deem fit.
- Any amendments made by you to Braph are your intellectual property that you may use freely as long as such use is not contrary to these terms. We encourage that you share amendments with us, in which case we are given the right (but not the obligation) to include them in future versions of Braph and make them available on these terms or terms materially similar, but you are (i) not required to share such amendments and (ii) your amendments if shared are subject to the same limitations of liability as set forth in clause 3.
- Unless you have our prior written consent (which consent may be subject to further terms), you are expressly not permitted to re-distribute Braph, amended or in its original form, or any part thereof, regardless if such re-distribution is made for free or for a fee. You can however point third parties to download Braph directly from our website www.braph.org or other official sources. Furthermore, you may not integrate Braph or parts thereof into other software regardless if such software is licensed on open source or so called “proprietary” terms. Use contrary to this clause 2.4 shall in addition render your license to use Braph null and void.
- Limitation of liability
- BRAPH IS PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED, EXPRESS OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FUNCTIONALITY, COMPLETENESS OR ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LACK OF VIRUSES OR FREEDOM FROM INFRINGEMENT. FURTHERMORE, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT, AND WILL NOT BE, ERROR FREE AND RUN WITHOUT ANY INTERRUPTION.
- We do not accept any liability of any kind, whether direct or indirect, in tort or under any form of contractual liability or other doctrine for any damage or claim that may arise as a result of your use of Braph, regardless if such use is with our version without any amendment to Braph that you may have made.
- Furthermore, if any third party makes a claim against us as a result of your amended or unamended use of Braph, you shall indemnify and hold us harmless from any such claim, including related cost and expense such as legal fees.
When publishing scientific results or research reports where Braph has been used in such research, we encourage and appreciate that you include references to your use of Braph in such research, as well as the scientific publications cited on www.braph.org.
- Choice of law, disputes
These terms shall be governed and construed in accordance with the substantive laws of Sweden, without regard to its conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the courts of Sweden with the district court of Stockholm as first instance.