Tern Computer Inc. License Agreement for the Super-Models Repository
Introduction This License Agreement (the "Agreement") is a legally binding contract between you (the "User") and Tern Computer Inc. ("Tern Computer" or the "Company"), a Delaware corporation organized and existing under the laws of the United States of America, with its principal office located at 1120 Avenue of the Americas, New York N.Y. 10036-6700. By accessing, using, or contributing to the .github repository (the "Repository") hosted on GitHub, you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree with these terms, you are not authorized to access, use, or contribute to the Repository.
Ownership and Control Tern Computer retains complete and exclusive ownership, legal, and operational control over the Repository. This includes all source code, documentation, issues, pull requests, discussions, and any other content contained within the Repository. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, associated with the Repository, are the sole property of the Company.
License Grant Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, on-transferable, revocable license to access, use, and contribute to the Repository solely for the purpose of collaboration and development of the G programming language. This license does not grant you any rights to distribute, sublicense, or commercially exploit any part of the Repository without the prior written consent of the Company.
Contributions By submitting any contributions, including but not limited to code, documentation, or other materials (collectively, "Contributions"), to the Repository, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions in any form, media, or technology now known or hereafter developed. You represent and warrant that you have the right to make such Contributions and that your Contributions do not infringe upon any third-party rights or violate any applicable laws.
Compliance with Policies You agree to comply with all policies, guidelines, and procedures established by the Company for the use of the Repository. This includes, but is not limited to, coding standards, documentation requirements, code review processes, and community guidelines. Tern Computer reserves the right to modify these policies at any time, and such modifications shall be effective immediately upon posting to the Repository.
Termination Tern Computer reserves the right to terminate your access to the Repository at any time, with or without cause or notice. Upon termination, you must cease all use of the Repository and destroy any copies of materials obtained from the Repository that are in your possession or control. Termination of this Agreement does not relieve you of any obligations or liabilities that accrued prior to the effective date of termination.
Disclaimers The Repository is provided on an "as-is" and "as-available" basis. Tern Computer makes no representations or warranties of any kind, express or implied, regarding the Repository, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. Tern Computer does not warrant that the Repository will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of Liability In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the Repository, even if the Company has been advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Repository is to stop using the Repository.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the courts of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.
Entire Agreement This Agreement constitutes the entire agreement between you and the Company regarding your use of the Repository and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Repository. Any amendments to this Agreement must be in writing and signed by an authorized representative of the Company.
Severability If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.
Waiver No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
By accessing, using, or contributing to the Repository, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
For any questions or concerns regarding this Agreement, please contact the Company's corporate legal counsel, James A. Wolff, Esquire.