MAKO-IoT PERMISSIVE SOFTWARE LICENSE

version 1.0

The accompanying program is provided under the terms of this MAKO-IoT permissive software license. Any access, use, study, modify or reproduction of the software constitutes recipient's acceptance of this agreement.

1. Definitions.

• Contribution - means any work of authorship, including the original version of Software and any modifications, additions to that Software or Derivative Works thereof, that is submitted to Licensor for inclusion in Software by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner, excluding communication that is conspicuously marked as "Not a contribution."
• Contributor - means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within Software.
• Derivative Works - means any work, in any form, that is based on (or derived from) Software and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship.
• Device - an electrical or mechanical object on which you can install Software or Derivative Work.
• Legal Entity - means an individual, company, or organization that has legal rights and obligations.
• Licensor – means the copyright owner or entity authorized by the copyright owner that is granting the license.
• Recipient – it's you, either an individual or Legal Entity which exercisies permissions granted by this license.
• Software – means MAKO-IoT Software in any version or form, made available under the license.

2. Grant of Copyright License.

1. Subject to the terms and conditions of this license, each Contributor hereby grants to Recipient a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to access, use, study, modify, reproduce, prepare Derivative Works of, publicly display, publicly perform and sublicense both Software and Derivative Works, subject to the point below.
2. The Software may freely be installed to a new Device or operating system.
3. The Software or any part of Software cannot be reselled, neither in its original form nor in a form of a Derivative Work, before Licensor grants You a separate license to do so.

3. Grant of Patent License.

Subject to the terms and conditions of this license, each Contributor hereby grants to Recipient a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (subject to point 4.) patent license to make, have made, use, import, and otherwise transfer Software, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution alone or by combination of their Contribution with Software to which such Contribution was submitted.

4. Loss of Patent License.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that Software or a Contribution incorporated within Software constitutes direct or contributory patent infringement, then any patent licenses granted to Recipient under this license shall terminate as of the date such litigation is filed.

5. Submission of Contributions.

Unless Recipient explicitly states otherwise, any Contribution intentionally submitted for inclusion in Software by Recipient to the Licensor shall be under the terms and conditions of this license, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Pull Request and CA.

1. Contributor should send its contribution to Licensor, using a pull request mechanism. After Licensor verifies the contribution and comments on it, it can, at its own discretion, merge it into the main Software branch.
2. Licensor will only accept patches (code contributions or documentation contributions) from Contributors who have submitted a legal document known as Contributor Agreement.
3. Contributor Agreement doesn't take away from the Contributor their rights to use, modify, distribute, sublicense nor sell their contribution freely.
4. The improved versions of the Software will carry a different version number from the original Software.

7. Redistribution.

Recipient may reproduce and distribute copies of Software or Derivative Works thereof in any medium, with or without modifications, in any form, under the following conditions: • any other recipients of Software or Derivative Works receives a copy of this license; • any modified files have to carry prominent notices stating that Recipient changed the files; • Recipient must retain, in the source form of any Derivative Works that Recipient distributes, all relevant copyright, patent, trademark, and attribution notices from the source form of Software.

8. Adding License Terms.

License may add his own copyright statement to his modifications and may provide additional license terms and conditions for use, reproduction, or distribution of his modifications, or for any such Derivative Works as a whole, provided his use, reproduction, and distribution of Software otherwise complies with the conditions stated in this license.

9. Trademarks.

This license does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of Software or those included in license itself.

10. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides Software (and each Contributor provides its Contributions) on an "as is" basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. Recipient is solely responsible for determining the appropriateness of using or redistributing Software and assume any risks associated with his exercise of permissions under this license.

11. Limitation of Liability.

In no event and under no legal theory, whether in tort, contract, or otherwise, unless required by applicable law or agreed to in writing, shall any Contributor be liable to Recipient for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this license or out of the use or inability to use Software, even if such Contributor has been advised of the possibility of such damages.

12. Accepting Warranty or Additional Liability.

While redistributing Software or Derivative Works thereof, Recipient may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this license. However, in accepting such obligations, Recipient may act only on his own behalf and on his sole responsibility, not on behalf of any other Contributor, and only if Recipient agrees to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of Recipient accepting any such warranty or additional liability.

13. Additional Clauses.

1. Neither the name of the Licensor nor the names of its Contributors may be used to endorse or promote products derived from Software without specific prior written permission.
2. The rights stated in this license do not imply any licenses other than those expressly granted in these terms. No third-party beneficiary rights are created under this license.
3. If any provision of this license is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this license, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
4. All Recipient's rights under this license shall terminate if it fails to comply with any of the material terms or conditions of this license and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this license terminate, Recipient agrees to cease use and distribution of the Software as soon as reasonably practicable.
5. This Agreement is governed by the laws of the Republic of Poland, and the parties consent to exclusive jurisdiction and venue in the courts sitting in city of Wrocław, unless no jurisdiction exists there, in which case the parties consent to exclusive jurisdiction and venue in the District Court or Court of Appeal in Warszawa. The parties waive all defenses of