forked from fitgames/fitgames.spine
-
Notifications
You must be signed in to change notification settings - Fork 0
/
license.txt
768 lines (638 loc) · 39.5 KB
/
license.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
Spine Software License Agreement
Version 5.1
This Software License Agreement ("Agreement" or "License Agreement") is a
binding agreement between Esoteric Software ("Esoteric Software") and the
person or entity licensing the Spine Software ("You(r)") published by Esoteric
Software. This Agreement governs Your use of the Spine Software published
by Esoteric Software (including all related documentation, the "Software").
IMPORTANT - READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR
TO DOWNLOADING AND INSTALLING THIS SOFTWARE. BY DOWNLOADING AND INSTALLING
THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE,
DO NOT DOWNLOAD AND INSTALL THE SOFTWARE.
1. License Grant. Subject to the terms of this Agreement, the terms of the
license type selected from Exhibit A, and the payment of any applicable license
fees, Esoteric Software grants You a limited, non-exclusive, non-sublicensable,
and non-transferable license to download, install, execute, and perform the
Software in machine readable object code form only and solely for internal
use. The Software covered under this Agreement shall also include any and
all updates, upgrades, bug fixes, or any similar revisions or improvements
(collectively, "Updates") that may be made available to You by Esoteric
Software from time to time. At your option and subject to the payment of
applicable fees, Esoteric Software shall also provide to You the services
as described by Exhibits D and E.
2. Spine Runtimes. If the Spine Essential, Professional, Enterprise,
or Education license is selected from Exhibit A, You may modify, translate,
adapt, or develop new applications using the Spine Runtimes or otherwise
create derivative works or improvements of the Spine Runtimes (collectively,
"Products"). You may market, sell, publish, distribute, or otherwise make
available any number of Products provided that (a) the Products add significant
and primary functionality to the Spine Runtimes and (b) the license in Exhibit
B is included in the documentation and/or other materials provided with the
Products. "Spine Runtimes" means all programs and data (separate from the
Software) provided by Esoteric Software in source and binary form that are
used to load, store, manipulate, and render animation and other data created
by the Software.
3. Spine Enterprise. If the Spine Enterprise license is selected
from Exhibit A, all references to "You" will be deemed to include Your
Affiliates. "Affiliate" means any entity that directly or indirectly controls,
is controlled by, or is under common control with You. For purposes of this
provision, "control" of an entity means direct or indirect ownership or
control of more than 50% of the voting interests of the subject entity.
4. Restrictions. Without Esoteric Software's written permission, You may
not (a) copy the Software, except for backup purposes or otherwise as expressly
permitted by this Agreement, (b) modify, translate, adapt, or otherwise create
derivative works or improvements, whether or not patentable, of the Software,
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to
derive or gain access to the source code of the Software or any part thereof
except as and only to the extent this restriction is prohibited by law,
(d) remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary rights
notices on or in the Software, including any copy thereof, (e) rent, lease,
lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise
make available the Software or any features or functionality of the Software
to any third party for any reason, or (f) remove, disable, circumvent,
or otherwise create or implement any workaround to any copy protection,
rights management, or security features in or protecting the Software.
5. Responsibilities. You must notify Esoteric Software to keep your name
and email address valid at all times. You agree to take appropriate measures to
protect Your activation codes for the Software from unauthorized use. You are
responsible for all damages arising from the use of the Software associated
with Your activation codes in violation of this Agreement. You agree to
promptly notify Esoteric Software in the event that You become aware of any
actual or suspected unauthorized use of the Software. You acknowledge that
the Software, documents, technical data, and any other materials delivered
under this Agreement are subject to U.S. export control laws, including the
U.S. Export Administration Act and its associated regulations, and may be
subject to export or import regulations in other countries. You shall not,
directly or indirectly, export, re-export, or release the Software to,
or make the Software accessible from, any jurisdiction or country to which
export, re-export, or release is prohibited by law, rule, or regulation. You
acknowledge and agree that it is Your responsibility to obtain any licenses to
export, re-export, or import the Software as may be required after delivery
to You and You shall strictly comply with all applicable federal laws,
regulations, and rules and complete all required undertakings (including
obtaining any necessary export license or other governmental approval) prior to
exporting, re-exporting, releasing, or otherwise making the Software available
outside the U.S. You represent and warrant that You are not a person or entity
appearing on the lists published by the U.S. Department of Commerce, the
U.S. Department of State, the U.S. Department of Treasury, or any other list
that may be published by the U.S. Government, as amended from time to time,
that is prohibited from acquiring ownership or control of items under this
Agreement or with which Esoteric Software is prohibited from doing business.
6. Third-Party Licenses. The Software includes software, content, data,
or other materials, including related documentation, that are owned by persons
other than Esoteric Software and that are provided to You on licensee terms
that are in addition to and/or different from those contained in this Agreement
("Third-Party Licenses"). A list of all materials included in the Software
and provided under Third-Party Licenses is set forth in Exhibit C and the
applicable Third-Party Licenses are accessible via links therefrom. You are
bound by and agree to comply with all Third-Party Licenses. Your breach of
any Third-Party License is also a breach of this Agreement.
7. Representations. Esoteric Software represents to You that (a)
each and every part of the Software is either the original work of Esoteric
Software or validly licensed by Esoteric Software from the rightsholder(s),
(b) the Software does not infringe upon any patent, copyright, trade secret, or
other proprietary right of others, (c) Esoteric Software has all of the rights
necessary to grant to You the rights under this Agreement and Esoteric Software
has not previously granted and shall not grant any rights in the Software
to any nonparty that are inconsistent with those rights, (d) the Software
does not include any hidden files, functionalities, or any computer virus,
worm, logic bomb, or Trojan horse, (e) Esoteric Software has full corporate
power to enter into this Agreement and to carry out its obligations under
this agreement, and (f) the Software is developed and provided by Esoteric
Software in accordance with all applicable laws and regulations.
8. Reservation of Rights. You acknowledge and agree that the Software is
provided to You under license and not sold. You do not acquire any ownership
interest in the Software under this Agreement or any other rights thereto other
than to use the Software in accordance with the license granted, and subject
to all terms, conditions, and restrictions, under this Agreement. Esoteric
Software reserves and shall retain its entire right, title, and interest in and
to the Software, including all copyrights, trademarks, and other intellectual
property rights therein or relating thereto, except as expressly granted to
You in this Agreement.
9. Updates. The Software may require Updates in order to run
effectively. Updates are subject to the terms of this Agreement and may include
new features, bug fixes, or the removal of features of the Software. Esoteric
Software will provide Updates at no cost to You during the term of this
Agreement. Updates do not increase the authorized number of computers or
named users for Your license type.
10. Collection and Use of Information. You acknowledge that Esoteric
Software may collect and store information regarding Your use of the
Software. You agree that Esoteric Software may use such information only
to the extent which is necessary to (a) verify Your compliance with this
Agreement, (b) enforce Esoteric Software's rights in the Software, (c)
improve the performance of the Software, and (d) develop Updates.
11. License Fees and Returns. License fees for the Software are specified
by Esoteric Software based on the license type selected from Exhibit A and
the optional services as described by Exhibits D and E. Annual license fees
for Spine Enterprise and Spine Education are subject to increase at a rate
not to exceed 10% annually. Any applicable license fees must be paid in full
prior to downloading or using the Software. Esoteric Software may choose for
the license fees to be paid directly or through a third party. Any applicable
payment and use terms of such third party will apply to the transaction. You
may request a refund of the license fees by notifying Esoteric Software
within thirty (30) days after downloading the Software. Esoteric Software
will refund the license fees paid by You and block Your activation codes.
12. Term and Termination. This Agreement is effective as of the date that
Your activation codes are provided and will continue in effect for the term of
the license type selected from Exhibit A (the "Term") unless terminated earlier
by You or Esoteric Software as set forth in this section. You may terminate
this Agreement by deleting the Software and all copies thereof. Esoteric
Software may block Your activation codes or terminate this Agreement at any
time without notice if You violate any of the terms and conditions of this
Agreement, provided that Spine Enterprise licensees will be given no less
than thirty (30) days' notice and an opportunity to cure prior to termination
of this Agreement. Upon termination all rights granted to You under this
Agreement will also terminate and You must cease all use of the Software,
delete all copies of the Software, and cease distribution of all Products
other than those allowed by Exhibit A, Section 3(d). Termination will not
limit any of Esoteric Software's rights or remedies at law or in equity.
13. Infringement Indemnification. Subject to the Limitation of Liability
in Section 15, Esoteric Software shall defend and indemnify You against
any third-party action, suit or proceeding and any loss, damages, or costs
incurred with regard to same in which it is determined that the Software
infringes a United States or European Union patent or copyright.
14. Warranty and Disclaimer. For a period of ninety (90) days from the
date that You download and install the Software (the "Warranty Period"),
Esoteric Software warrants that the Software will operate materially in
conformance with its documentation. Any Third-Party Licenses shall be subject
exclusively to the licensor's warranty set forth therein. The foregoing
warranties exclude damage or failure resulting from misuse, modification by
anyone other than Esoteric Software, unauthorized repair or installation,
malfunctions caused by equipment or by software not provided by Esoteric
Software, the use of the Software on or in connection with any hardware or
software not specified in the documentation for the Software, and the use of
the Software in violation of this Agreement or the license type selected. You
must notify Esoteric Software of any non-conformance within the Warranty Period
and Your sole and exclusive remedy for any non-conformance is that Esoteric
Software will repair or replace the Software, provided that You provide all
information Esoteric Software reasonably requests to resolve the reported
failure, including sufficient information to enable the Esoteric Software
to recreate such failure. If Esoteric Software, in its sole discretion,
determines that it is unable to repair or replace the Software within a
commercially reasonable time, Esoteric Software will refund the fees paid
by You for the Software, subject to Your ceasing all use of and deleting
all copies of the Software. EXCEPT AS EXPRESSLY STATED IN THIS SECTION,
THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS
AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, ESOTERIC SOFTWARE, ON ITS OWN BEHALF AND ON BEHALF OF
ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY
ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ESOTERIC SOFTWARE PROVIDES
NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE
COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES,
OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS,
OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO SOME OR
ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. NOTWITHSTANDING THE FORM (E.G., CONTRACT,
TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT,
IN NO EVENT WILL ESOTERIC SOFTWARE BE LIABLE FOR (a) DAMAGES THAT EXCEED,
IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY YOU IN THE TWELVE (12) MONTH
PERIOD PRIOR TO THE DATE OF THE FIRST EVENT GIVING RISE TO THE ACTION, (b)
THE COST OF SUBSTITUTE GOODS, ANY DAMAGES BASED ON DELAY OR INABILITY TO USE
THE SOFTWARE, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS
OR CORRUPTION OF DATA, LOSS RESULTING FROM COMPUTER FAILURE, MALFUNCTION
OR SHUTDOWN, OR (c) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ESOTERIC SOFTWARE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. Governing Law. This Agreement shall be governed by and construed
in accordance with the internal laws of (a) the State of Washington and the
United States without regard to conflicts of law provisions thereof if You
are not located in the United Kingdom, Norway, Switzerland, or a member state
of the European Union, or otherwise (b) England and Wales without regard to
conflicts of law provisions thereof. No effect shall be given to any choice
or conflict of law provision or rule (whether of the State of Washington,
England, and Wales or any other jurisdiction) that would cause the application
of laws of any jurisdiction other than those stated herein. Any legal claim,
suit, action, or proceeding arising out of this Agreement or the matters
contemplated hereunder or the breach thereof, whether sounding in contract,
tort, or otherwise, shall likewise be governed by the internal laws set forth
herein without giving effect to any choice or conflict of law provision or
rule and shall be instituted exclusively in the federal courts of the United
States or the courts of the State of Washington if You are not located in
the United Kingdom, Norway, Switzerland, or a member state of the European
Union, or otherwise the courts located in London, England and You irrevocably
submit to the exclusive jurisdiction of such courts in any such suit, action,
or proceeding and waive any objection based on improper venue or forum non
conveniens.
17. Notices. For a notice or other communication under this agreement to be
valid (a) the sending party must use email with confirmation that the receiving
mail server accepted the email, (b) communication to or from Esoteric Software
must use [email protected], and (c) communication to or from You
must use the email address You have provided to Esoteric Software. You must
notify Esoteric Software to keep your email address valid at all times. You
are responsible for preventing emails from [email protected]
from being marked as spam or otherwise filtered. A valid notice or other
communication under this agreement will be effective when accepted by the
receiving mail server.
18. Assignment. Esoteric Software may subcontract this Agreement, or
any part thereof, including support, to subcontractors selected by Esoteric
Software and may freely assign or otherwise transfer all or any of its
rights, or delegate or otherwise transfer all or any of its obligations or
performance, under this Agreement without Your consent. You may not assign or
otherwise transfer any of Your rights, or delegate or otherwise transfer any
of Your obligations under this Agreement, in each case whether voluntarily,
involuntarily, by operation of law, or otherwise, without Esoteric Software's
prior written consent. This Agreement is binding upon and inures to the benefit
of the parties hereto and their respective permitted successors and assigns.
19. General Terms. This Agreement constitutes the sole and entire
agreement between the parties with respect to the Software and Spine Runtimes
and supersedes all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, with respect to the
Software and Spine Runtimes. This Agreement may only be amended, modified
or supplemented by an agreement in writing by non-preprinted agreements
clearly understood by both parties to be an amendment and signed by each
party hereto. No waiver by either party of any of the provisions hereof
shall be effective unless explicitly set forth in writing and signed by
the party so waiving. Except as otherwise set forth in this Agreement,
no failure to exercise, or delay in exercising, any right, remedy, power,
or privilege arising from this Agreement shall operate or be construed as
a waiver thereof; nor shall any single or partial exercise of any right,
remedy, power, or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power, or privilege. If
any provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be illegal, unenforceable, or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable, but shall
not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction. You
acknowledge and agree that a material breach of this Agreement would cause
irreparable injury to Esoteric Software for which monetary damages would
not be an adequate remedy and that, in the event of any actual or threatened
material breach of this Agreement by You, Esoteric Software shall be entitled
to temporary, preliminary, and permanent injunctive relief against You and
Your officers or employees, without the requirement of posting a bond or
proving actual damages, in addition to whatever remedies Esoteric Software
might have at law.
Exhibit A
Spine License Types
1. Spine Trial License.
(a) You are authorized to use the available functions of the
trial version of the Software exclusively for the purpose of testing
and evaluating the Software.
2. Spine Essential License / Spine Professional License.
(a) This license is applicable to an entity with annual revenues
of less than $500,000 USD or equivalent foreign currency. The license
becomes invalid if annual revenues exceed this amount at any time,
in which case the Spine Enterprise License is required else You must
cease all use of the Software and cease distribution of all Products
other than those allowed by Exhibit A, Section 3(d).
(b) A single named user is authorized to use the corresponding
Essential or Professional version of the Software with the provided
activation code. Use of the Software by anyone other than the named
user is expressly prohibited. The activation code may not be in use
on more than two computers at the same time.
(c) The Spine Runtimes are provided subject to Section 2 of the
License Agreement.
3. Spine Enterprise License.
(a) You are authorized to use the Professional version of the
Software with the provided activation code for the number of users
provisioned. A server or otherwise shared installation where the
number of users is not strictly controlled is prohibited. The number
of computers on which the Software is in use must not exceed the
number of users provisioned. Alternatively, upon request a floating
network license option will be enabled, allowing the Software to be
installed on any number of computers with the restriction that it
may only be run concurrently on the number of computers provisioned.
(b) This license is valid for 1 year from the date that Your
activation codes are provided and must be renewed annually else You
must cease all use of the Software and cease distribution of all
Products other than those allowed by Exhibit A, Section 3(d).
(c) The Spine Runtimes are provided subject to Section 2 of the
License Agreement.
(d) At any time, You may pay the applicable one-time, per-Product
license fee (the "Product License Fee") for each Product, pursuant to
which Esoteric Software hereby grants you a perpetual, royalty-free,
fully paid-up, non-exclusive, and sublicensable license to use
the Spine Runtimes in accordance with Section 2 of the License
Agreement for such Product. Each such Product License Fee shall
cover substantially similar versions of such Product, allowing for
incremental improvements, multiple releases for different platforms
and regions, and different language versions.
4. Spine Education License.
(a) This license is applicable to an entity which is an accredited
institution organized and operated exclusively for the purpose of
teaching its enrolled students with 5 or more full-time equivalent
employees or students.
(b) All faculty members and enrolled students are authorized
to use the Professional version of the Software with the provided
activation code on the number of computers provisioned. The number of
computers on which the Software is in use must not exceed the number
of computers provisioned. Alternatively, upon request a floating
network license option will be enabled, allowing the Software to be
installed on any number of computers with the restriction that it
may only be run concurrently on the number of computers provisioned.
(c) This license is valid for 1 year from the date that Your
activation codes are provided and must be renewed annually else You
must cease all use of the Software and cease distribution of all
Products other than those allowed by Exhibit A, Section 3(d).
(d) All faculty members and enrolled students are authorized to
use the Spine Runtimes subject to Section 2 of the License Agreement
and the Software for non-commercial use only. Use intended for or
directed toward monetary compensation or commercial advantage is
prohibited. A Spine Essential, Spine Professional, or Spine Enterprise
License is required for commercial use.
Exhibit B
Spine Runtimes Software License v2.5
Copyright (c) 2013-2016, Esoteric Software
All rights reserved.
You are granted a perpetual, non-exclusive, non-sublicensable, and
non-transferable license to use, install, execute, and perform the Spine
Runtimes software and derivative works solely for personal or internal
use. Without the written permission of Esoteric Software (see Section 2 of
the Spine Software License Agreement), you may not (a) modify, translate,
adapt, or develop new applications using the Spine Runtimes or otherwise
create derivative works or improvements of the Spine Runtimes or (b) remove,
delete, alter, or obscure any trademarks or any copyright, trademark, patent,
or other intellectual property or proprietary rights notices on or in the
Software, including any copy thereof. Redistributions in binary or source
form must include this license and terms.
THIS SOFTWARE IS PROVIDED BY ESOTERIC SOFTWARE "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL ESOTERIC SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF
USE, DATA, OR PROFITS) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Exhibit C
Third-Party Licenses
1. Software. The following Third-Party Licenses are used by the Software:
Apache 2.0 http://www.apache.org/licenses/LICENSE-2.0.html
libgdx
Copyright (c) 2011-2016 Mario Zechner, Nathan Sweet
Objenesis
Copyright (c) 2006-2013 The original author or authors.
XFileDialog
Copyright (c) 2010 XFileDialog
Creative Commons BY 3.0 http://creativecommons.org/licenses/by/3.0/
Monte Media Library
Copyright (c) 2012, All rights reserved. Werner Randelshofer
GPL v2 w/ Classpath Exception
http://openjdk.java.net/legal/gplv2+ce.html
OpenJDK (Windows, Linux)
Copyright (c) Various
MIT http://opensource.org/licenses/mit-license.html
SLF4J
Copyright (c) 2004-2013, All rights reserved. QOS.ch
New BSD http://opensource.org/licenses/BSD-3-Clause
ASM
Copyright (c) 2000-2011 INRIA, France Telecom
Continuations
Copyright (c) 2008, All rights reserved. Matthias Mann
continuationslib
Copyright (c) 2012, All rights reserved. Enhanced Four
LWJGL
Copyright (c) 2002-2007 Lightweight Java Game Library Project
Kryo
Copyright (c) 2008-2016, All rights reserved. Nathan Sweet
Poly2Tri
Copyright (c) 2009-2010, All rights reserved. Poly2Tri
contributors
Oracle Binary Code License http://java.com/license
Java (Mac)
Copyright (c) 1993, 2013, All rights reserved. Oracle and/or
its affiliates
SIL Open Font License 1.1 http://scripts.sil.org/OFL
Noto Sans
Copyright (c) 2012, All rights reserved. Google Inc.
Zlib http://opensource.org/licenses/Zlib
GLFW
Copyright (c) 2002-2006 Marcus Geelnard
Copyright (c) 2006-2011 Camilla Berglund
2. Spine Runtimes. The following Third-Party Licenses are used by the
Spine Runtimes:
MIT https://opensource.org/licenses/mit-license.php
cJSON (spine-c)
Copyright (c) 2009 Dave Gamble
dkjson (spine-lua)
Copyright (c) 2010, 2011, 2012 David Heiko Kolf
SharpJson (spine-csharp)
Copyright (c) 2016 Patrick van Bergen
Copyright (c) 2016 Adriano Tinoco d'Oliveira Rezende
System.Collections.Generic.List (spine-csharp)
Copyright (c) 2004-2005 Novell, Inc (http://www.novell.com)
Copyright (c) 2005 David Waite
Microsoft Public License https://opensource.org/licenses/MS-PL
SpriteBatch (spine-xna)
Copyright (c) 2009 The MonoGame Team
Exhibit D
Spine Support Services Agreement
Version 1.2
Subject to the terms and conditions in this Support Services Agreement
("Support Agreement") and the payment of all applicable fees, Esoteric Software
will provide the following support services for the Software and the Spine
Runtimes for the Term defined by Section 12 of the License Agreement.
1. Performance of Services.
(a) General Obligations. Esoteric Software shall use reasonable
best efforts in performing the Services to (i) avoid any adverse
impact on Your business, operations, financial condition, and/or
prospects, (ii) not degrade the services then being received by You
from other third parties or provided internally by You, (iii) ensure
that all Your systems are successfully integrated, interfaced, and
compatible with the Services and that adequate and appropriate (as
determined by You) architectural functions and structural integration
exists between and among Your systems and the Services such that
the Services have the capability to communicate, execute programs,
or transfer data seamlessly, and (iv) ensure that the Services do
not adversely affect the Your systems, whether as to functionality,
speed, interconnectivity, reliability, availability, performance,
response times, or similar measures.
(b) Notice of Risk. Prior to undertaking any Services-related
activity or task, Esoteric Software shall discuss with You all known
material risks and shall not proceed with such activity or task
until You are satisfied with the plans with regard to such risks
(provided, however, that neither Esoteric Software's disclosure of
any such risks to You, nor Your acquiescence in Esoteric Software's
plans shall operate or be construed as limiting Esoteric Software's
responsibilities under this Support Agreement). Esoteric Software
shall identify and resolve any problems that may impede or delay
the timely completion of each task that is Esoteric Software's
responsibility and shall use its reasonable best efforts to assist
You with the resolution of any problems that may impede or delay
the timely completion of each task that is Your responsibility.
2. Definitions.
(a) "Acknowledgement" consists of an acknowledgement by Esoteric
Software to You, via email or telephone during Business Hours, or
upon acknowledgement at any time with respect to a Critical Issue
if You have used emergency response methods provided by Esoteric
Software to report such Critical Issue, as to the receipt of the
problem as reported by You or actual knowledge by Esoteric Software
and a confirmation of the problem severity.
(b) "Business Hours" means 10:00 AM to 6:00 PM Central European
Summer Time (CEST), Monday through Friday, excluding public holidays.
(c) "Closure" consists of providing a permanent correction of
the applicable Issue including Updates of the Software and revised or
new documentation related thereto. If a Closure cannot be completed
within the time periods specified, Esoteric Software shall provide
a fix plan and shall work diligently with You on a continuous basis
until Closure is achieved.
(d) "Error" means an error, flaw, mistake, failure, or fault in
the Software that produces an incorrect or unexpected result, causes
it to behave in unintended ways, or any failure of the Software to
conform to documentation or other specifications communicated by
Esoteric Software to You.
(e) "Expected Performance Level" means a percentage obtained
using the following calculation: (1 – (Unexcused Downtime /
(Scheduled Hours – Excused Downtime)). The Expected Performance
Level for the Software shall be 98%.
(f) "Excused Downtime" means the aggregate total of 60 minutes
per month times the number of months during which any component of the
Service is not available. Excused Downtime shall not include periods
when the Service is not available that are directly attributable
to Your failure to perform or improper performance of Your express
responsibilities under this Support Agreement.
(g) "General Support Services" means (i) basic and advanced use
of the Software and Spine Runtimes, (ii) advice on content creation,
workflow, organization, and best practices for the Software and
Spine Runtimes, (iii) guidance on the use of the Spine Runtimes APIs
and integration of the Spine Runtimes into applications, and (iv)
advice and assistance for performance tuning regarding the Spine
Runtimes, unless application code review is required to accomplish
such assistance. Support does not include any application code review
or support for Your application.
(h) "Maintenance Window" means a period of time when the Service
may not be available due to scheduled maintenance not to exceed 4
hours within the hours of 12:00 AM to 4:00 AM CEST (unless otherwise
agreed by the parties) in any given thirty (30) day period.
(i) "Performance Incident" means significant bandwidth and
latency issues that render the Software unusable or difficult to
use that last more than 60 minutes.
(j) "Remote Support" means voice over IP, instant messaging,
screen sharing, or the like.
(k) "Resolution" consists of using reasonable best efforts to
provide an existing correction or a new correction to You.
(l) "Scheduled Hours" means the total number of hours in any
given measurement period. For example, in a month with 30 days,
the Scheduled Hours shall be 720 hours (30 x 24).
(m) "Service Interruption" means the Software is completely
inaccessible.
(n) "Status Report" consists of regular communications to You
via email or phone as to the status of the problem determination,
resolution, and, in the case of Critical Issues and Major Issues,
the root cause.
(o) "Unexcused Downtime" during any measurement period means
the number of hours, other than Excused Downtime, during which any
component of the Services is not available.
3. Description of Services.
(a) Availability. In providing the Services to You, Esoteric
Software shall ensure that the Licensed Software is (a) fully
operational, (b) functioning properly without any degradation
in performance, and (c) fully accessible to You, Your Affiliates,
and each of their suppliers and vendors (collectively, "Available")
during the Scheduled Hours. Esoteric Software shall provide to You
the Services at the Expected Performance Level specified in this
Support Agreement.
(b) Error-Correction. Esoteric Software shall promptly correct
and fix any Error to Your reasonable satisfaction. Upon request,
Esoteric Software will provide to You a report on all reported
Errors including (a) the number of Errors reported, (b) the dates
Errors were reported, and (c) status reports of all live Errors or
the resolution date of resolved Errors.
(c) Remote Support. Esoteric Software shall provide telephone,
e-mail, remote access, and online support during Business Hours and 24
hour telephone support for Critical Issues to You and Your Affiliates
to (a) address, record, and resolve any Service Interruptions,
Performance Incidents, Errors, or other technical problems in the
Software (each, an "Issue"), and (b) address and resolve questions
regarding the functions and features of the Software (e.g., asking
how to do something or what something means), (collectively, the
"Remote Support"). You must use commercially reasonable efforts to
diagnose and resolve any issues prior to initiating a Remote Support
request. You may initiate any number of Critical Issues. You may
initiate twenty (20) Major or Minor Issues within a twelve (12)
month period, beyond which each Major or Minor Issue initiated is
charged the applicable fee, due at the end of the Term.
(i) General Support. Esoteric Software shall at all times
maintain a general telephone line to address any Issue that
may arise (the "General Support").
(ii) Escalation Support. If Esoteric Software is unable
to resolve the Issue within the Escalation Timeframes set
forth in this Support Agreement, Esoteric Software shall
ensure that a senior technician is available to address the
Issue and provide remote access and telephone support (the
"Escalation Support").
(iii) Direct Critical Issue Support. Esoteric Software shall
ensure that a senior technician is available to address any
Critical Issue and provide telephone and remote access support
(the "Direct Critical Issue Support").
4. Resolution of Issues and Response Timeframes. Esoteric Software
shall use reasonable best efforts to promptly address any Issue within
the time frames specified in this Support Agreement based on the Severity
Levels defined herein. Esoteric Software shall transfer an adequate amount of
resources from the development team to the support team to ensure knowledge
of the new features in any new releases is readily available to handle any
Issue that may arise.
(a) Definition of Issues. Severity Levels:
(i) Critical Issue: The Software is inoperable or severely
impacts Your ability to use the Software in conformance with
its documentation.
(ii) Major Issue: An unplanned interruption or a reduction
in quality of Your ability to use the Software in conformance
with its documentation.
(iii) Minor Issue: The Software is immaterially adversely
affected by an Issue therein.
(b) Issue Reporting. You shall make available to Esoteric
Software reasonable issue reproduction instructions and any data
required for reproduction, including but not limited to, a sequence
of user actions taken in the Software, project files, exported data
files, images, and other project assets, and self-contained code
demonstrating issues in the Spine Runtimes. You shall ensure that
a senior technician or artist is available for further inquiries
about the reported issue during the Resolution timeframe.
(c) Response Timeframes.
(i) Critical Issue.
Acknowledgement from Esoteric Software: 15 minutes
Status Reports from Esoteric Software: Hourly
Escalation Timeframe: 1 hour from Acknowledgement*
Resolution: 4 hours from Acknowledgement
Closure: 8 hours from Acknowledgement
*If Esoteric Software fails to provide a timely
acknowledgement, Escalation, Resolution, and Closure
timeframes shall begin on the Acknowledgement
deadline.
(ii) Major Issue.
Acknowledgement from Esoteric Software: 1 hour
Status Reports from Esoteric Software: Daily
Escalation Timeframe: 2 hours from Acknowledgement
Resolution: 8 hours from Acknowledgement
Closure: 16 hours from Acknowledgement
(iii) Minor Issue.
Acknowledgement from Esoteric Software: 1 day
Status Reports from Esoteric Software: 3 days
Escalation Timeframe: 1 day from Acknowledgement
Resolution: 7 days from Acknowledgement
Closure: 30 days from Acknowledgement
Exhibit E
Spine Source Code Escrow
Version 1.2
Subject to payment of all applicable fees, Esoteric Software or its escrow
agent shall provide to You, within fourteen (14) days after receipt of Your
written request therefor, a Source Code Deposit Agreement which provides one
(1) complete copy of the source code used in the preparation of the Software,
brought up to date as of the date of delivery of such source code to You,
and any remaining documentation and know-how required for its effective and
continued use not previously provided to You, upon the occurrence of any
one (1) or more of the following events: (a) Esoteric Software permanently
discontinues it business because of bankruptcy, receivership, liquidation, or
other form of permanent business disruption and such business is not continued
by another successor in interest to Esoteric Software, or (b) the failure,
by Esoteric Software, following not less than sixty (60) days prior written
notice from You, to support the Software adequately pursuant to the License
Agreement. Upon taking possession of the source code hereunder, You agree
that such source code shall be subject to the restrictions on transfer, sale,
and reproduction placed on the Software itself by the License Agreement and
that Your use of the Software source code is restricted to maintaining Your
copy of the Software. You agree that the Software source code is confidential
and You shall take all reasonable precautions to protect the source code and
preserve its confidential, proprietary, and trade secret status in perpetuity.