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ONLINE END USER LICENSE AGREEMENT


THIS LICENSE AGREEMENT (the “AGREEMENT”) IS BETWEEN THE YOU (THE INDIVIDUAL OR ORGANIZATION TO WHOM THE LICENSE(S)/PRODUCT KEY(S) IS ISSUED) AND DERIVATIVE INC. (“DERIVATIVE”), a company incorporated under the laws of Ontario, Canada, with offices at 401 Richmond Street West, Suite 386, Toronto, Ontario, Canada M5V 3A8.

BEFORE YOU DOWNLOAD OR INSTALL ANY OF THE PRODUCTS (as defined herein), carefully read this Agreement in its entirety.  By checking the “I agree to the License terms and conditions” box and/or installing the software, you are consenting to be bound by all of the provisions of this Agreement. If you do not agree to all of the provisions of this Agreement, you are not permitted to install the software.

1. LIMITED LICENSE

In accordance with the terms of this Agreement, Derivative hereby grants to you a limited, non-transferable, non-exclusive license to download, install and use the TouchDesigner and/or TouchPlayer software products, (as applicable, based on the license(s)/product key(s) issued to you) and any updates or modifications to such software products as may be hereinafter provided to you by Derivative, in its sole discretion (collectively, the “Software”) solely in object code or machine-readable code or scripts, and to use any related documentation provided to you by Derivative and not available for your review on the Derivative website (the “Documentation”, and together with the Software, collectively, the “Products”). (Any Documentation available on the Derivative website shall be subject to the website terms and conditions.) Your right to download, install and use the Products is limited to those rights expressly set out in this Agreement. Use of the Software (other than non-commercial versions of TouchPlayer) requires issuance of a license linked to a product key. Each product key permits installation and use of the Software on a single computer. If you wish to install and use the Software on additional computers, you must obtain an additional license(s) and product key(s). The rights granted under this section apply only to you and, if you are an organization, to your employees, members and/or students, as applicable (“Permitted Users”).

2. RESTRICTIONS ON USE

You shall, and will ensure your Permitted Users shall: (a) not copy or modify all or any portion of the Products, including any code, scripts or files, without the express written consent of Derivative; except that you may copy the Products solely for back-up purposes and you may copy and modify scripts and sample code for use only in connection with permitted installations of the Software; (b) not assign this Agreement or transfer, lease, export or grant a sublicense to use the Products except as and when authorized to do so by Derivative in writing; (c) not translate, reverse engineer, decompile or disassemble any part of the Products; (d) not use the Products except as authorized herein; (e) not use the Products to operate a catalog of applications and components created by third parties using Derivative software (you may however operate a catalog of applications and components created by you using the Software); and (f) take all reasonable precautions to prevent third parties from using the Products in any way that would constitute a breach of this Agreement. COMMERCIAL USE: If you have not paid the fee for a commercial license to the Software, you shall not use the Products for any Commercial use. “Commercial use” means that the work done with the Products is primarily intended for, or directed toward, commercial advantage or private monetary compensation. If you and/or your organization are compensated for your work with the Products, you need a commercial license.

3. OWNERSHIP AND COPYRIGHT

You acknowledge that Derivative and its licensors are the owners of all intellectual property rights in the Products and any written materials, logos, names and other support materials provided to you by Derivative in connection with the Products. No title to any intellectual property rights in the Products, or any support materials provided to you by Derivative in connection with the Products, is transferred to you by this Agreement.

4. NO WARRANTY

The Products are provided “as is” without any representation, warranty or condition of any kind, including but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The entire risk as to the quality and performance of the Products is with you. Without limiting the generality of the foregoing, Derivative does not warrant that: (i) the Products will meet your needs or requirements; (ii) the Software will run without interruption or be error-free; or (iii) without limiting the generality of (ii), any file protection or security features provided by the Software will in any case provide absolute or any given level of protection or security. While Derivative has made reasonable efforts to make the file protection and security features robust, Derivative does not guarantee that they will not be overcome.

5. LIMITATION OF LIABILITY

DERIVATIVE WILL ONLY BE LIABLE FOR DIRECT DAMAGES, SUBJECT TO SECTION 6. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL DERIVATIVE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST OR DAMAGED DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF, OR IN CONNECTION WITH, THE DOWNLOAD, INSTALLATION OR USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR ANY OTHER MATTER RELATING TO THE PRODUCTS OR THIS AGREEMENT, EVEN IF DERIVATIVE HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.

6. MONETARY CAP ON DAMAGES

You agree that the maximum aggregate liability of Derivative and its affiliates and their respective directors, officers, employees, agents and representatives for all claims under any and all circumstances relating to the Products under all theories of liability will be limited to the fees paid to Derivative by you in respect of the particular Software license(s)/product key(s) relating to the installations giving rise to such liability in the six (6) month period preceding the claim in respect of such liability.

7. ESSENTIAL TERMS

The disclaimer of warranties, limitation of liability and monetary cap on monetary damages in sections 4, 5 and 6  constitute an essential part of this Agreement. A fundamental breach or breach of a fundamental term of this Agreement by Derivative shall not limit the intended effect of sections 4, 5 and 6 or any other provision of this Agreement which is intended to limit Derivative’s liability. You acknowledge that, but for the disclaimer of warranties, limitation of liability and monetary cap on damages, Derivative would not enter into this Agreement.

8. SUPPORT

Support services for the Products, if any, are to be separately arranged between you and Derivative; provided that certain versions of the Software, such as TouchDesigner Pro, include a certain amount of support services as described on the Derivative website.

9. CONFIDENTIAL INFORMATION

The Products incorporate trade secrets and constitute the confidential information of Derivative and its licensors and you shall use all reasonable efforts (and in any event, efforts that are no less than those used to protect your own confidential information) to protect such aspects of the Products from disclosure.

10. TERMINATION

This Agreement, and accordingly, your license to use the Products, shall terminate upon the failure by you to perform any of your obligations under this Agreement. Upon receipt by you of written notice by Derivative of the termination of this Agreement, you shall immediately destroy (including, with respect to electronic copies, permanently delete) all copies of the Products in your possession or control and provide Derivative, upon request, with written confirmation of such destruction. All sections of this Agreement, other than section 1, shall survive the termination of this Agreement.

11. ASSIGNMENT

Derivative may, at any time, without your consent, assign this Agreement, or any of its rights hereunder, in whole or in part, to any third party. You may only assign this Agreement, or any of your rights hereunder, in whole or in part, to any third party, with the prior written consent of Derivative. This Agreement shall enure to the benefit of and be binding upon each of you and Derivative and your respective heirs, executors, successors, assigns, administrators and legal representatives, as applicable.

12. END USERS

If you are a developer who is creating work product for a third party and bundling your work product with the Software, you acknowledge that the third party must obtain a license to use the Products. If you intend to assign this Agreement to the end user upon the completion of the work product, and if Derivative consents to such assignment pursuant to section 11, you agree that the assignment of this Agreement shall be: (a) done on the terms of Derivative’s form of assignment of license agreement, and (b) subject to an additional transfer fee. Please contact Derivative regarding such assignment fees.

13. EMBEDDED SOFTWARE

The Software includes open source software, which is distributed under and is subject to the terms and conditions of the applicable open source software licenses and notices, as set out in Exhibit A to this Agreement.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Ontario and federal laws of Canada applicable therein and shall be treated, in all respects, as an Ontario contract. The parties submit to the non-exclusive jurisdiction of the courts of Ontario. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and any implementing legislation.

15. MISCELLANEOUS

This Agreement, including Exhibit A, and any documents referred to herein or therein, is the entire agreement between you and Derivative pertaining to your right to use the Products and the provision to you by Derivative of any related services, and supersedes all prior or collateral oral or written representations or agreements related thereto. In the event that one or more of the provisions of this Agreement are held to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect, unless such illegal or unenforceable provisions are held to be a material part of this Agreement such that it may reasonably assumed that the parties would not have entered into this Agreement without such provisions in place.


November 22, 2016

EXHIBIT A
Embedded Software licenses

(1) This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2008 Autodesk, Inc.  All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.  In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) 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 such code.

(2) This software uses code of FFmpeg (http://ffmpeg.org) licensed under the LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) (and its source can be downloaded here: http://www.derivative.ca/wiki088/index.php?title=FFmpeg)

(3) This software contains source code provided by NVIDIA Corporation.

(4) The Products work in conjunction with certain software (OpenCV http://opencv.willowgarage.com/wiki/) Copyright (C) 2000, Intel Corporation, all rights reserved. Third party copyrights are property of their respective owners.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* The name of Intel Corporation may not be used to endorse or promote products derived from this software without specific prior written permission.

This software is provided by the copyright holders and contributors "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 the Intel Corporation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services;  loss of use, data, or profits; or business interruption) 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.

(5) This product is licensed under the MPEG-4 Visual Patent Portfolio license for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 VIDEO") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal or commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.

(6) This product is licensed under the AVC Patent Portfolio license for the personal use of a consumer or other uses in which it does not receive remuneration to (i) encode video in compliance with the AVC standard (“AVC Video ”) and/or (ii) decode AVC video that was encoded by a consumer engaged in a personal activity and/or was obtained from a video provider licensed to provide AVC video. No license is granted or shall be implied for any other use. Additional information may obtained from MPEG LA, L.L.C. See http://www.mpegla.com.

(7) Portions of this software are copyright © 2009 The FreeTypeProject (www.freetype.org).  All rights reserved.

(8) The Products work in conjunction with certain open source software (LAME).  This open source software may be downloaded here. Derivative does not take any responsibility for such open source software and such open source software does not form part of the Products.  The open source software is licensed under the Lesser GNU Public License which may be reviewed here.

(9) The Products work in conjunction with certain software (libcurl) Copyright (c) 1996 - 2010, Daniel Stenberg, daniel @ haxx.se. All rights reserved. Derivative does not take any responsibility for such open source software and such open source software does not form part of the Products.

(10) The Products work in conjunction with certain software (UDT).

Copyright (c) 2001 - 2007, The Board of Trustees of the University of Illinois.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    Neither the name of the University of Illinois nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) 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.

(11) The Products work in conjunction with certain software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/).

Copyright (c) 1998-2011 The OpenSSL Project.  All rights reserved.

 Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

 5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

 THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED 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 THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,  SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT  NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;  LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)  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.

 This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

(12) The Products work in conjunction with certain software md5checksum, the RSA Data Security, Inc. MD5 Message-Digest Algorithm. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind.

(13) The Product works in conjunction with Snappy compression, with the below license.
Copyright 2005 Google Inc. All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(14) The Products work in conjunction with certain software (ftd2xx). This software is provided by Future Technology Devices International Limited “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 future technology devices international limited be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) 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. FTDI drivers may be used only in conjunction with products based on FTDI parts. FTDI drivers may be distributed in any form as long as license information is not modified. If a custom vendor ID and/or product ID or description string are used, it is the responsibility of the product manufacturer to maintain any changes and subsequent WHQL re-certification as a result of making these changes.

(15) This software uses code of LIVE555 (http://www.live555.com/) licensed under the LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) and its source can be downloaded here: http://www.derivative.ca/wiki088/index.php?title=LIVE555

(16) The Products work in conjunction with certain software (OpenEXR)
Copyright (c) 2002, Industrial Light & Magic, a division of Lucas Digital Ltd. LLC
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
*       Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
*       Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
*       Neither the name of Industrial Light & Magic nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(17) The Products work in conjunction with certain software (Boost)
Boost Software License - Version 1.0 - August 17th, 2003

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

(18) “"Python" is a registered trademark of the Python Software Foundation”

Copyright and License Information

Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011
Python Software Foundation. All rights reserved.

Copyright (c) 2000 BeOpen.com. All rights reserved.

Copyright (c) 1995-2001 Corporation for National Research Initiatives. All rights reserved.

Copyright (c) 1991-1995 Stichting Mathematisch Centrum. All rights reserved.

See the file "LICENSE" for information on the history of this software, terms & conditions for usage, and a DISCLAIMER OF ALL WARRANTIES.

This Python distribution contains *no* GNU General Public License (GPL) code, so it may be used in proprietary projects. There are interfaces to some GNU code but these are entirely optional.

All trademarks referenced herein are property of their respective holders.

(19) The Products work in conjunction with certain software base64. Copyright (c) 2001 Bob Trower, Trantor Standard Systems Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

* The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

* THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

(20) The Products work in conjunction with certain software Secure Hash Algorithm. Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE PROJECT AND CONTRIBUTORS ``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 THE PROJECT OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(21) This Software uses code of ProCamToolKit licensed under the MIT License
https://secure.wikimedia.org/wikipedia/en/wiki/Mit_license.
Copyright (c) 2011- Kyle McDonald and YCAM Interlab
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

(22) The Products work in conjunction with certain software (RED Software) with the below license:
The license for the RED Software provides a: (a) limited, nonexclusive right to use the subject Developer Program with no further right to reproduce (except for archival and/or backup copies permitted by law) and/or distribute the subject Developer Program; (b) prohibition against distributing, selling, sublicensing, renting, loaning or leasing the subject Developer Program; (c) prohibition against reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code and/or file formats of the subject Developer Program that is substantially similar to that set forth in Section 3 below; (d) statement that, if Your customer requires any Other RED Software in order to use the Developer Program, (i) Your customer must obtain such Other RED Software via a valid license, and (ii) Your customer's use of such Other RED Software must be in accordance with the terms and conditions of the end user license agreement that accompanies such Other RED Software; (e) statement that You and Your suppliers retain all right, title and interest in the subject Developer Program that is substantially similar to that set forth as Section 5 below, (f) statement that Your suppliers disclaim all warranties, conditions, representations or terms with respect to the subject Developer Program substantially similar to the disclaimer set forth as Section 7 below, and (g) limit of liability substantially similar to that set forth as Section 8 below for the benefit of Your suppliers.

(23) This Software uses code of KissFFT licensed under the BSD License.
Copyright (c) 2003-2010, Mark Borgerding. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the author nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(24) HarfBuzz is licensed under the so-called "Old MIT" license. For parts of HarfBuzz that are licensed under different licenses see individual files names COPYING in subdirectories where applicable.

Copyright c 2010,2011,2012  Google, Inc.
Copyright c 2012  Mozilla Foundation
Copyright c 2011  Codethink Limited
Copyright c 2008,2010  Nokia Corporation and/or its subsidiary(-ies)
Copyright c 2009  Keith Stribley
Copyright c 2009  Martin Hosken and SIL International
Copyright c 2007  Chris Wilson
Copyright c 2006  Behdad Esfahbod
Copyright c 2005  David Turner
Copyright c 2004,2007,2008,2009,2010  Red Hat, Inc.
Copyright c 1998-2004  David Turner and Werner Lemberg

For full copyright notices consult the individual files in the package.

Permission is hereby granted, without written agreement and without license or royalty fees, to use, copy, modify, and distribute this software and its documentation for any purpose, provided that the above copyright notice and the following two paragraphs appear in all copies of this software.

IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE COPYRIGHT HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE COPYRIGHT HOLDER SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE COPYRIGHT HOLDER HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

(25) This software uses code of libfribidi Unicode Bidirectional Algorithm (http://fribidi.org) licensed under the LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) (and its source can be downloaded here: http://www.derivative.ca/wiki088/index.php?title=libfribidi)

(26) This software uses code of libiconv (http://www.gnu.org/software/libiconv/) licensed under the Library GPL (http://www.derivative.ca/wiki088/images/4/4e/LibGPL.txt) and its source can be downloaded here: http://www.derivative.ca/wiki088/index.php?title=libiconv.

Derivative does not take any responsibility for such open source software and such open source software does not form part of the Products. 

(27) TouchDesigner uses EasyBMP for manipulating .bmp bitmap images under the following terms:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(28) "Art-Net™ Designed by and Copyright Alderamin Group Ltd"

(29) TouchDesigner 099 only: Chromium Embedded Framework (CEF)

Copyright (c) 2008-2014 Marshall A. Greenblatt. Portions Copyright (c) 2006-2009 Google Inc. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the // distribution.

* Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.

(30) TouchDesigner 099 only: Chromium open source web browser - A binary version of Chromium that was generated by the Chromium Project and made available as a binary code release is distributed with TouchDesigner. All licenses for Chromium are viewed by entering chrome://credits/ in the URL of Chromium or the Web Render TOP in TouchDesigner. In summary, the Google-authored portion of Chromium is released under the BSD license, with other parts being subject to a variety of different open-source licenses, including the MIT License, the LGPL, the Ms-PL and an MPL/GPL/LGPL tri-license.

(31) TouchDesigner 099 only: LibTess - Author: Eric Veach, July 1994. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the * Software is furnished to do so, subject to the following conditions:

The above copyright notice incopyrightcluding the dates of first publication shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

(32) TouchDesigner 099 only: RapidJSON - Copyright (C) 2015 THL A29 Limited, a Tencent company, and Milo Yip. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software isfurnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 


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