This Agreement is concluded pursuant to the provisions of section 2358 et seq. of the Act No. 89/2012 Coll., the Civil Code
Subject-matter of the License
By this License Agreement, the following is licensed to Licensee: computer program titled Reference code for FPGA object detector", version 1.0 and relating user documentation (further referred to as the Program").
Grant of License and License Conditions
Licensor hereby grants to Licensee the right to use the program for the purpose of the realization of the project Embedded multi-core systems for mixed criticality applications in dynamic and changeable real-time environments (EMC2)" - registration number of the project 7H14011, on which both parties cooperate (further referred to as the Project").
This License is granted solely for non-commercial purposes and is free of charge.
The License is granted for Licensor operating in the territory of the European Union.
The Program shall be supplied in the executable form. The source codes relating to the Program will be supplied as well.
The License is granted as a nonexclusive license, Licensor can freely grant licenses to use the Program to other parties.
Licensee is not authorized to grant sublicenses to third parties.
Licensee is not obliged to use the Program.
It is forbidden to use the Program in any way other than agreed in this License Agreement.
In case Licensee wishes to use the Program in a wider scope, Licensee is obliged to conclude another license agreement with Licensor under common market conditions.
The parties are obliged to maintain confidentiality of all confidential information of either party gained in relation to this Agreement. Confidential is:
any information regarding internal processes of either party,
publically unavailable information of technical nature relating to the Program (particularly source codes),
business secrets of the parties, provided the party receiving this information was familiar or should had been familiar with such nature of information,
further information which is indicated as confidential by the disclosing party upon its disclosure.
This obligation is valid 10 years from the signature of this Agreement regardless of effectivity of this Agreement.
Declaration and Warranties
Licensor declares to have settled the claims of the authors of the Program and to have the right to conclude this License Agreement and to grant the approval to use the Program by Licensee. Licensor further declares he is not aware of any third party´s rights to the Program that would make it difficult or impossible for Licensee to exercise the rights from this Agreement.
Licensee declares that he is aware of the nature and characteristics of the Program, and receives it as such. Licensor does not guarantee that the Program will fulfill a specific function or function without defects and is not required to fix identified defects, even if Licensor knew about them in the moment of delivery. Service repairs, updates and upgrades, and other measures for improvement of the Program are purely at the discretion of Licensor and Licensor shall not ask for remuneration for such additional activities.
Should Licensee use the Program in a way outside the scope of the license terms agreed in this Agreement, e.g. commercial use, Licensee shall pay to Licensor a penalty of 100.000,- CZK next to damages and unjust enrichment claims.
Miscellaneous and final provisions
If necessary, Licensor will provide technical assistance to the workers of Licensee with the use of the Program. The method and date of the technical assistance will be agreed by the parties with regard to mutual time and operational capabilities.
Licensee gives Licensor consent to publish basic information about the contents of the License Agreement and the nature of cooperation between the parties for the purpose of informing the public about the use of publicly-funded results.
This Agreement is concluded for a definite period and its effectiveness will expire on completion of the Project. Either party may terminate this Agreement. The notice period is two months and begins on the first day of the month following the receipt of notice. The notice must be made in writing to be valid.
This Agreement is governed by Czech law without giving effect to its conflict of laws principles.
The parties shall endeavor to solve any disputes on the implementation of this Agreement amicably. If they do not resolve their dispute amicably within 30 days, they can agree on alternative dispute resolution (mediation, arbitration) or turn to court. The parties agree the sole jurisdiction of Czech courts.
This Agreement may be modified only in writing; a change in any other form is excluded. Written form for this purpose does not mean electronic or other technical means (e-mail, fax). The parties may argue invalidity of amendments to this Agreement due to shortcomings of form at any time, even after it was started with the performance.
The parties consider their rights and obligations negotiated in balance. In entering into this agreement, there were not any circumstances indicating abuse of either party as an expert or its economic status. This agreement is based on previous discussion and the parties had the possibility of obtaining qualified legal advice.