ViraTrace License

VIRATRACE PUBLIC SOURCE LICENSE Version 1.0.1 - December 10, 2020
Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions: This License applies to any program or other work which ViraTrace, LLC (“ViraTrace”) publicly announces as subject to this ViraTrace Public Source License and contains a notice placed by ViraTrace identifying such program or work as “Original Code” and stating that it is subject to the terms of the ViraTrace Restrictive Public Source License version 1.0 (or subsequent version thereof), as it may be revised from time to time by ViraTrace(“License”). As used in this License:
1.1 “Affected Original Code” means only those specific portions of Original Code that allegedly infringe upon any party’s intellectual property rights or are otherwise the subject of a claim of infringement or other legal process.
1.2 “Applicable Patent Rights” means: (a) in the case where ViraTrace
Is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned or assigned to ViraTrace and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/ or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.3 “Covered Code” means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 “Deploy” means to use, sublicense or distribute Covered Code, and includes without limitation, any and all internal use or distribution of Covered Code within your business or organization, specifically including research and development (R&D) use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any

 form or manner.
1.5 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 “Modifications” mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of the Covered Code.
1.7 “Original Code” means (a) the Source Code of a program or other work as originally made available by ViraTrace under this License, including Source Code of any updates or upgrades to such programs or works made available by ViraTrace under this License, and that has been expressly identified by ViraTrace as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by ViraTrace under this License.
1.8 “Source Code” means the human or optical character recognition (OCR) readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.9 “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of thirty-three percent (33%) or more of the outstanding shares or beneficial ownership of such entity.
1.10 “Technical and Legal Compliance Review” means any process by which Covered Code submitted by You to determine if Your Modifications cause the Covered Code to fall out of compliance with Applicable Laws is undertaken by ViraTrace and/or its subsidiaries. For purposes of this definition, Applicable Laws shall mean any law which is intended to provide a legal framework for compliance with health,

 safety, personal privacy or other such concerns. Applicable Laws shall include, but not be limited to, the Health Information Portability and Privacy Act (HIPPA) and the
General Data Protection Regulation (GDRP).
1.11 “Disabling Update” means a mandatory software update to any application or software product which has utilized Covered Code, and that has specifically been designed to prevent further usage of such application or software product and the Covered Code within.
1.12 “Publicly Available” means any Covered Code or Your
Modifications to Covered Code which are available to anyone outside of Your organization or entity upon request, either thru electronic or other distribution means, regardless of whether those means are controlled by a third party.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, ViraTrace hereby grants You, effective on the date You accept this License and download or utilize any portion of the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of ViraTrace’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development (R&D), provided that You must in each instance:
          (a) retain and reproduce in all copies of Original
Code the       copyright and other proprietary notices and
disclaimers of           ViraTrace as they appear in the
Original Code, and keep intact          all notices in the
Original Code that refer to this License;
          (b) include a copy of this License with every copy of
Source         Code of Covered Code and documentation You
distribute, and You           may not offer or impose any terms
on such Source Code that alter          or restrict this License
or the recipients’ rights hereunder,         except as permitted
under Section 6; and
          (c) completely and accurately document all
Modifications that       you have made and the date of each such
Modification, designate       the version of the Original Code
You used, prominently include a         file carrying such

 information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each instance:
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a Git repository) under the terms
of this License and subject to
forth in Section 3 below, and any
choose to offer under Section 6. You
make the Source Code of Your Deployed
available for as long as you Deploy the Covered Code or twenty-four (24) months from the date of initial
Deployment, whichever is longer;
          (c) if You Deploy Covered Code containing
Modifications made by         You, inform ViraTrace of such
Modifications by submitting the         documentation required
by Section 2.1(c) and a copy of Covered electronic mail to management@viratrace.us, if available; and
Code via
(d) if You Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with
information on how and where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
(a) You hereby grant to all third parties (exclusive of ViraTrace and/or its subsidiaries) a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as ViraTrace’s licenses under Sections 2.1 and 2.2; and
     (b) You hereby grant to ViraTrace and its subsidiaries a
the License grants set
additional terms You may
must continue to
Modifications

 non- exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for ViraTrace and/or its subsidiaries), and distribute Your Modifications, in any form, through multiple tiers of distribution solely for purposes of Technical and Legal Compliance Review, and enforcement of the Termination and Severability clauses of this License.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by ViraTrace herein. Modifications and/or Larger Works may require additional patent licenses from ViraTrace which ViraTrace may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of ViraTrace. You must obtain the recipient’s express agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold ViraTrace harmless for any liability incurred by or claims asserted against ViraTrace by reason of any such Additional Terms.
7. Versions of the License. ViraTrace may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by ViraTrace. No one other than ViraTrace has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested

 works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND VIRATRACE AND VIRATRACE’S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, VIRATRACE AND VIRATRACE’S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS “VIRATRACE”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VIRATRACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRATRACE OR A VIRATRACE AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any portion of, or functionality implemented by, the Original Code becomes the subject of a claim of infringement, ViraTrace must, at its option: (a) attempt to procure the rights necessary for ViraTrace and You to continue using the Affected Original Code, and in the interim modify the Affected Original Code so that it is no longer infringing; or (b) suspend Your rights to use, reproduce, modify, sublicense and distribute the Affected Original Code until a final determination of the claim is made by a court or governmental agency of competent jurisdiction and ViraTrace lifts the suspension as set forth below. Such suspension of rights will be effective immediately upon ViraTrace’s posting of a notice to such effect on the Git repository that is used for implementation of this License.
to
lift by
Upon such final determination being made, if ViraTrace
is legally able, without the payment of a fee or royalty,
resume use, reproduction, modification, sublicensing and
distribution of the Affected Original Code, ViraTrace shall
     the suspension of rights to the Affected Original code
posting a notice to such effect on the Git repository that

 is used for implementation of this License. If ViraTrace suspends your rights to Affected Original Code, nothing in this License shall be construed to restrict You, at Your option and subject to applicable law, from replacing the Affected Original code with non-infringing code or independently negotiating for necessary rights from such third party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIRATRACE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF VIRATRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall
ViraTrace’s total liability to You for all damages and attorney’s fees under this License exceed the amount of fifty United States dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names “ViraTrace”, ViraTrace, LLC”, “ViraTrace BLE” or any other trademarks or trade name belonging to ViraTrace (collectively “ViraTrace Marks”) and no ViraTrace Marks may be used to endorse or promote products derived from the Original Code other than as permitted and in strict compliance at all times with ViraTrace’s third party trademark usage guidelines which may be obtained by sending an electronic mail request to management@viratrace.us.
11. Ownership. ViraTrace retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of ViraTrace (“ViraTrace Modifications”), and such ViraTrace Modifications will not be automatically subject to this License. ViraTrace may, at its sole discretion, choose to license such ViraTrace Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. ViraTrace’s development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.
12. Termination.
12.1 This License and the rights granted hereunder will terminate:

           (a) automatically without notice from ViraTrace if you
fail to        comply with any term(s) of this License and fail
to cure such        breach within 30 calendar days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b);
(c) automatically without notice from ViraTrace if the results of a Technical and Legal Compliance Review undertaken by ViraTrace and/or its subsidiaries pursuant to Section 3(b) determine that Your Modifications to Covered Code are out of Technical and Legal Compliance with Applicable Laws as defined in Section 1.10 and You fail to pass a secondary Technical and Legal Compliance Review within 7 calendar days of becoming aware of such results; or
(d) automatically without notice from ViraTrace if You, at any time during the term of this License, commence and action for patent infringement against ViraTrace and/or its subsidiaries.
12.2 Effect of Termination. Upon termination, You agree to
immediately and without delay stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. In the event Your use of the Covered Code was in the development and creation of a free or paid Publicly Available application or software product, you agree to immediately and without delay remove such application or software product from any and all applicable distribution platforms and to stop any further use via release of a mandatory Disabling Update as defined in Section 1.11. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3,5,8,9,10,11,12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be
without prejudice to any other right or remedy of either party.
13. Miscellaneous.

 13.1 Government End Users. The Covered Code is a “commercial item” as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provide to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with
FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.277-7015 (Technical data — Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License shall not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and ViraTrace, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair ViraTrace’s right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar function as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute; except that ViraTrace and/or its subsidiaries may not utilize knowledge of your Modifications obtained under the terms of this License to design, develop, have others develop for it, market and/or distribute technology or
products that that perform the same or similar function as, or
otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by ViraTrace to immediately enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed agains the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in

 full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Section 2 and/or 3 or to issue a
Disabling Update as defined in Section 1.11 and required by Section 12.2 or prevents the enforceability of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in Your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and ViraTrace relating to this License shall take place in the District of Colorado, and You and ViraTrace hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of Colorado, except that body of Colorado law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested this License and all related documents be drafted English. Les parties ont exige que le present contrat et tous les documents connezes soient rediges en angles.
EXHIBIT A.
"Portions Copyright (c) 1999-2007 ViraTrace LLC. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the ViraTrace Public Source License Version 1.0 (the 'License').
You may not use this file except in compliance with the License. Please obtain a copy of the License at https://github.com/ ViraTrace/License and read it before using this file.
The Original Code and all software distributed under the License
are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND ViraTrace HEREBY DISCLAIMS

 ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."