OpenVRA – License Agreement

Last update: June 25, 2019

License
  1. Under this License Agreement (the “Agreement”), Dash Solutions (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use the OpenVRA Framework (“OpenVRA Resources”).
  2. “OpenVRA Resources” includes all documents, forms, and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of OpenVRA Resources remain exclusively with the Vendor. Intellectual property rights include the look and feel of OpenVRA Resources. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to OpenVRA Resources.
  4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available OpenVRA Resources for use by one or more third parties.
  5. OpenVRA Resources may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
Free for Non-Commercial Use
  1. Licensees are free to use and modify OpenVRA for internal evaluation and use.
  2. OpenVRA Resources are made available to the Licensee for non-commercial use only. Licensees are NOT permitted to sell, license, provide consulting/evaluation services, or create derivative commercial works using OpenVRA Resources without the express written consent of Dash Solutions Inc.
  3. Licensees may share OpenVRA Resources but are required to share all original resources/documents, document changes/modifications, and include a copy of this license.
Limitation of Liability
  1. OpenVRA Resources is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of OpenVRA Resources. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use OpenVRA Resources.
  2. The Vendor makes no warranty expressed or implied regarding the fitness of OpenVRA Resources for a particular purpose or that OpenVRA Resources will be suitable or appropriate for the specific requirements of the Licensee. The Vendor does not warrant that use of OpenVRA Resources will be uninterrupted or error-free.
  3. Use of OpenVRA Resources does not guarantee compliance with any regulations, laws, or security frameworks. The Licensee is responsible for implementing any security processes and are responsible for following all local laws and regulations.
Warrants and Representations
  1. The Vendor warrants and represents that it is the copyright holder of OpenVRA Resources. The Vendor warrants and represents that granting the license to use this OpenVRA Resources is not in violation of any other agreement, copyright or applicable statute.
Acceptance
  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on download or receipt of any OpenVRA Resources.
User Support
  1. No user support or maintenance is provided as part of this Agreement.
Term
  1. The term of this Agreement will begin on Acceptance and is perpetual.
Termination
  1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy all OpenVRA Resources or return OpenVRA Resources to the Vendor.
Governing Law
  1. The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Pennsylvania.
Miscellaneous
  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.