Open Exhibits - Legal

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Open Exhibits License Agreements

Open Exhibits is about sharing. Modules, templates, exhibits, and other software shared on the Open Exhibits website is subject to the license terms outlined below. Please do not share software or content with the community that you do not own or that would violate the conditions set forth by the original creator or owner.

Content License

Illustrations, photographs, icons, and other graphic content shared by Open Exhibits, or Open Exhibits Staff is licensed under a Creative Commons Attribution Share Alike 2.0 license.

All attribution should be made to: “Open Exhibits,” with a link to “http://openexhibits.org”.

User content submitted to Open Exhibits is released under the same license unless otherwise specified.

Download the Open Exhibits Identity Pack - 2012open_exhibits_identity pack_2012.zip (1.2MB) – To download free gesture icons and fonts, see the Open Source Gesture Library on the GestureWorks website.

Software License

Summary of Important Use Restrictions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING OPEN EXHIBITS SOFTWARE. THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN
USE OF THE SOFTWARE.

Agreement

This is an Agreement between Licensor and Licensee, who is being licensed to use Open Exhibits and associated components. The package will be referenced to as the “Software” in this Agreement. Open Exhibits software and components are covered under this agreement.

Non-Exclusive License and Ownership

Licensee acknowledges that this is only a limited nonexclusive, nontransferable license to install and execute the executable form of the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is licensed, not sold.

Software modules, templates, and exhibits distributed on the Open Exhibits website are made available as open source and released under the Simplified BSD License unless otherwise specified.

Software modules, templates, and exhibits distributed on the Open Exhibits website are made available as open source and released under the GNU LGPL version 3.0 license. Some Open Exhibits software may require the use of proprietary libraries contained in Open Exhibits (GestureWorks® Flash), Adobe Flash, Adobe Flash Builder, Adobe AIR, or other programs. The above-mentioned license does not extend to this proprietary software.

Open Exhibits is free to use (with some commercial restrictions) and Open Exhibits modules can be freely edited and reused. The Open Exhibits SDK (GestureWorks Flash), copyright Ideum, is made available free-of-charge at the discretion of the copyright holder. The software remains the property of Ideum and is proprietary and patent pending. There are some important restrictions concerning the software. Open Exhibits / GestureWorks has: an authoring application software restriction, embedded software restriction, and attribution requirements.

Some Open Exhibits software may require the use of proprietary libraries contained in the Open Exhibits SDK, GestureWorks, Adobe Flash, Adobe Flex, Adobe AIR, or other programs. The above-mentioned license does not extend to this proprietary software. Please contact the copyright holders to obtain proper permissions for use.

You may not reverse engineer, decompile or disassemble Open Exhibits. Ideum shall retain title and all ownership rights to the Software.

Distribution of the SDK

Open Exhibits authoring software (SDK) cannot be distributed or “deep linked” from any other Website, server, or via any other means without express permission from Ideum.

Authoring Application Software Restriction

Open Exhibits cannot be distributed with third-party authoring tools either for sale or free release without a separate license from Ideum.

Embedded Software Restriction

You may not distribute Software if it is provided as the user interface of primary functionality on an electronic device or system if more than 500 such systems are to be sold. This type of usage requires a separate license from Open Exhibits. Open Exhibits allows for unlimited distribution in the case of self-contained applications and can be used on computer systems, personal electronic devices, or set top systems or televisions, as long as the Software does not provide the primary functionality or user interface of the device.

Attribution Requirements

Open Exhibits software requires use of the “Authored with Open Exhibits” splash screen. Tampering or disabling this screen is in violation of software agreement.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. GESTUREWORKS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GESTUREWORKS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

General

Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This License Agreement is governed by the law of the State of New Mexico in the United States and is applicable to New Mexico contracts. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Any terms or conditions contained in any other documents of purchase that are inconsistent with or in addition to the terms and conditions of this Agreement are deemed null and hereby rejected by Ideum.

Website Terms of Use

This site is owned and operated by Ideum Inc., 2469 Corrales Road, Building C, Corrales, NM 87048. If you have any questions about the Site or these Terms of Use, please contact us.

Disclaimer & Forum Policy

Ideum maintains this web site to provide information relevant for Open Exhibits users. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them. This information is:

  • not necessarily comprehensive, complete, accurate or up to date;
  • sometimes linked to external sites over which Ideum/Open Exhibits has no control and for which Ideum/Open Exhibits assumes no responsibility;
  • not professional or legal advice.

Ideum/Open Exhibits retains the right to remove postings and ban individuals at its discretion. Ideum/Open Exhibits accepts no responsibility or liability whatsoever with regard to the content of the Support & Forum area.

Limitation of Liability – No Guarantees

There are no guarantees of proper performance of the Website and no guarantees of current or future availability. If you are concerned about the stability, performance, or future availability of the Website, please do not use it.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE, AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

IN NO EVENT SHALL IDEUM, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.

Privacy

We respect our visitors’ privacy. Any information posted on your profile is posted and made visible by you. You can edit/delete or otherwise modify your profile at anytime. We will not share email addresses or other personal information with companies outside of Ideum. We do send occasional emails You can unsubscribe from the email list at any time. Email addresses are not published or shown on the site.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this Agreement and will not affect the validity or enforceability of the remainder of this Agreement.

For more information, please contact us.