Distribute means communicate to the public or otherwise provide to a third party (that is not an affiliate, agent, contractor or employee of the Licensee).
Documentation means any documentation for a product, in any form, that is specified by the Licensor as being licensed under this licence.
including means including without limitation.
Licensee means any person exercising rights under this licence.
Licensor means the person granting this licence.
Product means any product that is manufactured by or for Licensee based on the Documentation (including any derivatives of the licensed product).
2. Grant of Licence
Subject to the remainder of this licence, Licensor hereby grants Licensee a world-wide, royalty-free, perpetual, irrevocable, transferable and sub-licensable licence to use in any manner, copy and distribute (including Distribute) the Documentation, and to manufacture and distribute Products.
3. Conditions of Licence
3.1 Limits on Licence
The licence in section 2.1 is subject to the following:
3.1.1 the licence is limited to the intellectual property rights (including patents and registered designs) owned by the Licensor or in respect of which Licensor is otherwise entitled to grant such licence;
3.1.2 the licence does not apply to any software that forms part of the licensed product and the use of such software is subject to any applicable licence terms; and
3.1.3 the licence does not assign or otherwise transfer any intellectual property rights between the parties.
Licensee shall keep intact any notices and legal terms in any Documentation that it Distributes, including those notices and terms relating to ownership of intellectual property, exclusions of liability and references to this licence.
3.3.1 If Licensee manufactures and Distributes a Product, it shall include with that Product a copy of, or a link to an online copy of, the Documentation.
3.3.2 Licensee shall include with any Documentation or Product that it Distributes, the name pseudonym or third party name specified by the original creator of the licensed product, in a form reasonable to the medium or means Licensee is using.
3.4 Non Commercial
Licensee may not exercise any of the rights granted to it in section 2.1 in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Documentation for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
3.5 No Derivatives
Nothing in this licence will be deemed to grant Licensee the right to modify the Documentation.
4. Exclusions of liability
4.1 The Documentation is provided “as is” and “as available” and, to the maximum extent permitted by law, any express or implied terms, including implied terms of merchantability, satisfactory quality and fitness for a particular purpose or use are disclaimed in respect of the Documentation and the Products. No representation is given that the use of the Documentation or the use or manufacturing of any Products will not infringe any intellectual or other proprietary right of any third party. The entire risk as to the use, quality, and performance of the Documentation and the Products shall be with the Licensee and not the Licensor.
4.2 To the maximum extent permitted by law, the Licensor shall not be liable for any liability for loss or damage relating to the Documentation or the Products, whether arising in tort (including negligence), breach of contract, breach of statutory duty or otherwise and whether direct, indirect or otherwise.
4.3 This section 4 is an essential part of this licence and a condition for the grant of the rights granted under this licence.
5.1 By exercising any right granted under this licence, the Licensee irrevocably agrees to the terms of this licence.
5.2 The rights granted to Licensee under this licence will terminate automatically upon any breach by Licensee of the terms of this licence.
5.3 This licence constitutes the entire agreement between the parties with respect to the Documentation and the Products and there are no other understandings, agreements or representations. Licensor shall not be bound by any additional provisions that may appear in any communication in any form.
5.4 A person who is not a party to this licence shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
5.5 This licence is governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.