This THTH Simantics Division Member Component License is applicable for the use and distribution of THTH Simantics Division Member Components. According to the THTH Simantics Division Rules and Regulations member components are software components on top of Simantics platform that are maintained, distributed and further developed only between gold and platinum members of the division and original contributor of the component. By using the member component, downloading or installing the member component or data obtained with the member component recipient accepts the terms of this agreement.
The gold and platinum members of the THTH Simantics division and the original contributor of the component shall have right to use member components in source and/or binary/object code form and further develop member components.
The Member components may be redistributed between gold and platinum members of the division and the original contributor in source and/or binary/object code form.
The Member components may be redistributed to third parties only in the binary/object code form as part of or in connection with receiving member's own proprietary software.
Therefore any third party wishing to use Member component in source code form must join Simantics Division as a cold or platinum member.
All contributions to the Member component shall be licensed under this THTH Simantics Division Member Component License. Contribution means all i) changes to the Member component, and ii) additions to the Member component; where such changes and/or additions to the Member component originate from and are distributed by that particular Member. Contributions do not include additions to the Member component which: (i) are separate modules of software distributed in conjunction with the Member component under their own license agreement, and (ii) are not derivative works of the Member component.
Upon change in the membership category or termination of the membership, recipient must cease all use of the membership components in source code form.
In all cases of usage and redistribution by recipients, the following conditions also apply:
a) Redistributions of source code must retain the above copyright notice, all definitions, and conditions. It is sufficient if the THTH Simantics Division Member Component License Header is present in each source code file and if the full the THTH Simantics Division Member Component License is available in a prominent and easily located place in the redistribution.
b) Redistributions in binary/object-code form must reproduce the above copyright notice, all definitions, and conditions. It is sufficient if the THTH Simantics Division Member Component License Header and the location in the redistribution of the full the THTH Simantics Division Member Component License are present in the documentation and/or other materials provided with the redistribution and if the full THTH Simantics Division Member Component License is available in a prominent and easily located place in the redistribution.
THE THTH SIMANTICS MEMBER COMPONENTS ARE PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Each Recipient is solely responsible for determining the appropriateness of using and distributing THTH Simantics Division Member Components and assumes all risks associated with its exercise of rights under THTH Simantics Division Member Components, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE THTH SIMANTICS MEMBER COMPONENTS OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement is governed by the laws of Finland (excluding its principles on conflict of laws). The place of jurisdiction for all disagreements related to this Agreement, is Helsinki, Finland.