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NOTE: PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THE PROVISIONS. FREED PRINTING GMBH (“LICENSOR”) IS ONLY READY UNDER THE CONDITIONS TO TRANSFER A USE LICENSE OF THE SOFTWARE TO YOU (“LICENSEE”) IF YOU AGREE TO ALL OF THE PROVISIONS OF THE SOFTWARE LICENSE AGREEMENT. THIS IS DONE BY CONFIRMING THE BUTTON “I AGREE” OR “YES”. IF YOU DO THIS, YOU ARE ACCEPTING THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE PROVISIONS OF THE SOFTWARE LICENSE AGREEMENT, PRESS THE BUTTON “CANCEL”, “NO”, OR “CLOSE WINDOW”. IN THIS CASE, YOU ARE NOT PERMITTED TO INSTALL, USE OR OTHERWISE DISPOSE OF THE SOFTWARE.
1. SUBJECT MATTER OF THE CONTRACT
1.1 The subject of this software license agreement (“Agreement”) is the granting of usage and exploitation rights to the CUR3D Viewer Steam Edition software (“Subject of the License”) from the licensor to the licensee.
The licensor is the owner of the copyright and other industrial property rights to the software and reserves all rights to the licensed object unless these have been expressly granted to the customer in the following provisions
1.2 The subject of the license consists of the object code of the software and the accompanying documentation.
2. GRANT OF RIGHTS
2.1 In connection with this agreement and subject to the restrictions set forth herein, the licensor hereby grants the licensee a simple right of use to the licensed object (hereinafter “license”) unlimited in time. The license entitles the licensee to install the licensed object in the object code – in accordance with the product description – on a single or multiple computer(s) and to use it for the intended purpose for private purposes. Commercial use of the licensed object is excluded.
2.2 In particular, the licensee is prohibited from reproducing, renting or leasing the licensed object in whole or in part, translating, editing or otherwise redesigning the licensed object, sublicensing the licensed object or publicly reproducing the licensed object by wire or wireless means, including making it available to the public in such a way that it is accessible to members of the public from places and at times of their choosing. The licensee is also prohibited from decompiling, disassembling or reverse engineering the licensed object (“reverse engineering”), unless the licensee is entitled to do so in accordance with the relevant mandatory copyright law.
2.3 All rights to the source code of the licensed object belong exclusively to the licensor. The licensee has no right to access the source code or to publish the source code. § 69e of the Copyright Act remains unaffected.
2.4 The license is non-transferable; an exception to this is the transfer of the copy of the software downloaded by the licensee if the licensee makes the copy of the program installed on his computer unusable at the time of transfer.
2.5 Upon request and if there is a legitimate interest in doing so, the licensee will allow the licensor or a third party commissioned by him to check whether the use of the licensed object is within the scope of the rights granted herein; the licensee will support the licensor in carrying out such a test to the best of his ability.
2.6 The licensor reserves the right to revise, add to or delete any part of the licensed object from time to time at its sole discretion. In addition, the licensor is entitled at any time and from time to time at its sole discretion to change or provide updates or upgrades to the licensed object or to components thereof. The licensee agrees and acknowledges that no products or services of the licensor that are not expressly described in this agreement are hereby licensed to him.
2.7 Notwithstanding the above provisions, the licensee acknowledges that the licensed object contains software that is subject to different terms of use with regard to the use of such software than this contract. Open source software licenses may apply to certain such components, which means that every software license that is approved as open source software by the Open Source Initiative or a correspondingly comparable license makes it a condition for the distribution of such software, licensed under such a license that the distributor makes this software available in source code format. Under § 11 you will find further information on the software components that are covered by such a license and their respective terms of use. However, these can be changed by the third-party providers at any time. If necessary, the licensor hereby provides the corresponding software in the source code.
3. INTERNET CONNECTION
The licensee agrees that access to the licensed object and certain properties of it require a connection to the Internet, for which he is solely responsible. The operation of the licensed object can be limited or restricted depending on the possibility, bandwidth and other technical restrictions over which the licensor has no influence. The responsibility for this lies with a third party who provides the internet connection.
4. TERM
4.1 The term of this agreement begins with your acceptance of the provisions of this contract and ends with the expiry of the license in accordance with the product description.
4.2 With the expiration or termination of this agreement, the rights and licenses granted to the licensee under this agreement expire immediately, and he must immediately stop using the licensed object.
5. WARRANTY
5.1 The licensor guarantees the agreed quality and ensures that the licensee can use the licensed object without infringing the rights of third parties. The warranty for material defects does not apply to defects that are based on the fact that the licensed object is used in a hardware and software environment that does not meet the requirements specified in the product description or for changes and modifications that the licensee has made to the licensed object without this to be entitled by law to this contract or on the basis of a prior written consent of the licensor.
5.2 If the licensee is an entrepreneur and has acquired the rights of use and exploitation of the licensed item for an unlimited period, he must check the licensed item for obvious defects immediately upon receipt and notify the licensor immediately if they exist, otherwise a guarantee for these defects is excluded. The same applies if such a defect appears later. § 377 of the German Commercial Code (HGB) applies.
In the event of a material defect, the licensor is initially entitled to supplementary performance, i.e. at his own discretion to remedy the defect (“repair”) or to deliver a replacement. As part of the replacement delivery, the licensee may adopt a new version of the software, unless this leads to unreasonable impairments. In the event of legal defects, the licensor will, at his own option, provide the licensee with a legally flawless possibility of using the licensed object or modify it in such a way that no third party rights are violated.
5.3 The licensor is entitled to provide the warranty on the premises of the licensee. The licensor also fulfills his obligation to improve by making updates provided with an automatic installation routine available for download on his homepage and offering the licensee telephone support to solve any installation problems that may arise.
5.4 The right of the licensee to reduce the purchase price or to withdraw from the contract in the event that the repair or replacement delivery fails twice remains unaffected. A right of withdrawal does not exist in the case of insignificant defects. If the licensee claims damages or reimbursement of wasted expenses, the seller is liable according to No. 6.
5.5 If the licensee is an entrepreneur and has acquired a temporary right of use and exploitation of the licensed item, the licensor guarantees that the contractually agreed quality of the licensed item will be maintained during the term of the contract and that no third party rights would conflict with the contractual use of the software. The licensor will remedy any material defects or defects of title in the licensed object within a reasonable period of time.
The licensee is obliged to notify the licensor in writing of any defects in the software immediately after they have been discovered. In the case of material defects, this is done by describing the time at which the defects occurred and the more detailed circumstances.
5.6 If the customer is a consumer, the statutory warranty rules apply without restriction.
5.7 With the exception of claims for damages, warranty claims due to material defects become statute-barred in two years or in one year if no consumer is involved in the transaction. In the case of sale on a data carrier, the statute of limitations begins with the delivery of the contractual software, in the case of sale by means of a download from the Internet after notification and activation of the access data for the download area. For claims for damages and claims for reimbursement of wasted expenses no. 6 applies.
6. LIABILITY, DAMAGES
6.1 According to this contract, the licensor is only liable in accordance with the following provisions in (a) to (e):
(a) The licensor is fully liable for willful or grossly negligent damage caused by the licensor, his legal representatives or managerial staff as well as for damage caused by other vicarious agents intentionally; for gross negligence on the part of other vicarious agents, liability is determined in accordance with the provisions for slight negligence listed in (e) below.
(b) The licensor is fully liable for damage caused intentionally or negligently from injury to life, limb or health by the licensor, his legal representatives or vicarious agents.
(c) The licensor is liable for damage due to the lack of guaranteed properties up to the amount that was included in the purpose of the guarantee and that was recognizable to the licensor when the guarantee was given.
(d) The licensor is liable for product liability damage in accordance with the provisions of the Product Liability Act.
(e) The licensor is liable for damages resulting from the breach of cardinal obligations by the licensor, his legal representatives or vicarious agents; Cardinal obligations are the essential obligations that form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the licensee can rely. If the licensor has violated these cardinal obligations through slight negligence, his liability is limited to the amount that was foreseeable for the licensor at the time of the respective service.
6.2 As far as legally permissible, the licensor is not liable for the loss of data.
6.3 Any further liability on the part of the licensor is basically excluded.
7. AUDIT RIGHTS
Upon request, the licensee will enable the licensor to check the proper use of the licensed object, in particular whether the licensee uses it qualitatively and quantitatively within the scope of the licenses he has acquired. For this purpose, the licensee will provide the licensor with information, allow them to inspect relevant documents and records, and enable the licensor or an auditing company named by the licensee to check the hardware and software environment that is used and that is acceptable to the licensor. The licensor may carry out the test on the premises of the licensee during his regular business hours or have it carried out by third parties who are bound to secrecy. The licensor will ensure that the licensee’s business operations are disrupted as little as possible by his on-site activities. If the check reveals that the number of licenses purchased is exceeded by more than 5% (five percent) or any other use that is not in accordance with the contract, the licensee bears the costs of the check, otherwise the costs are borne by the licensor.
8. PRIVACY POLICY
8.1 With the conclusion of this contract, the licensee agrees to the validity of the data protection provisions of the licensor in their currently valid version.
8.2 The licensor is permitted to record the following data: the MAC address of the system on which the licensed object was installed, as well as the number of printouts made using the licensed object. This information is used to provide the services of the licensor and to inform the licensee about product upgrades, new products and services, offers and other information. If the licensor needs further data to fulfill these purposes, he will inform the licensee of this before the data is collected.
9. PRODUCT IMPROVEMENTS AND EVALUATION
9.1 In the event of a crash, data is transmitted to help the licensor identify problems with the licensed object. This is:
• a description of the problem prepared by the licensed object. Depending on the type of installation, this can contain the name of the Windows user account of the licensee. It also contains information on the hardware equipment and the properties of the printer profile selected for the current project.
• a list made by the program of all CUR3D updates that have been installed; and the time at which the licensee started the installation.
• a visual still image of the program at the moment of the crash. This can contain all data that was displayed in the program at that time, in particular: file names & paths; Names of objects within the file; exact dimensions. However, NO images or data from other programs on the system.
The licensee can object to the transmission of this data without this affecting the functionality of the licensed object.
9.2 In all cases, the licensee’s data will be used exclusively for the two aforementioned purposes in accordance with the provisions of the Federal Data Protection Act and will not be passed on to third parties. The data will only be stored until the purpose has been achieved.
10. FINAL PROVISIONS
10.1 Changes to this contract must be made in writing to be effective. This also applies to changes to this written form requirement.
10.2 The law of the Federal Republic of Germany applies to this contract with the exception of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
10.3 General terms and conditions of the licensee do not apply.
10.4 The parties agree that the licensor’s registered office is the exclusive place of jurisdiction for all disputes arising from and in connection with this contract, provided that the licensee is a merchant within the meaning of the German Commercial Code or that the licensee does not have a registered office in the Federal Republic of Germany when legal action is taken.
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, there may be authorization requirements or the use of the software or related technologies abroad may be subject to restrictions. The licensee will comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant regulations. The fulfillment of the contract by the licensor is subject to the condition that there are no obstacles to fulfillment due to national and international provisions of export and import law or any other statutory provisions.
10.6 The ineffectiveness of individual regulations in this contract does not affect the effectiveness of the remaining regulations. In this case, the parties undertake to agree on effective regulations that come closest to the intended purpose of the ineffective regulations. This applies accordingly to the closing of any gaps in this contract.
11. USED THIS SOFTWARE
11.1 Open Asset Import Library (www.assimp.sourceforge.net)
Copyright (c) 2006 – 2015 assimp team
All rights reserved.
License: www.assimp.sourceforge.net/main_license.html
11.2 OpenVDB (www.openvdb.org)
You have the right to obtain a copy of the source code by reasonable means in a timely manner, at a charge no more than the cost of distribution. Write to info@cur3d.de for more information.
License: www.openvdb.org/license
11.3 zlib (www.zlib.net)
Copyright (c) Jean – loup Gailly, Mark Adler
License: www.zlib.net/zlib_license.html
11.4 Google Material Icons
under the Apache License Version 2.0
www.material.io/icons
11.5 FreeImage (www.freeimage.sourceforge.net)
License: www.freeimage.sourceforge.net/freeimage-license.txt
11.6 FreeType (www.freetype.org)
Portions of this software are copyright © 2016 The FreeType Project (www.freetype.org). All rights reserved.
License: http://git.savannah.gnu.org/cgit/freetype/freetype2.git/tree/docs/FTL.TXT
11.7 Intel Threading Building Blocks (www.threadingbuildingblocks.org)
License: www.apache.org/licenses/LICENSE-2.0
1. SUBJECT MATTER OF THE CONTRACT
1.1 The subject of this software license agreement (“Agreement”) is the granting of usage and exploitation rights to the CUR3D Viewer Steam Edition software (“Subject of the License”) from the licensor to the licensee.
The licensor is the owner of the copyright and other industrial property rights to the software and reserves all rights to the licensed object unless these have been expressly granted to the customer in the following provisions
1.2 The subject of the license consists of the object code of the software and the accompanying documentation.
2. GRANT OF RIGHTS
2.1 In connection with this agreement and subject to the restrictions set forth herein, the licensor hereby grants the licensee a simple right of use to the licensed object (hereinafter “license”) unlimited in time. The license entitles the licensee to install the licensed object in the object code – in accordance with the product description – on a single or multiple computer(s) and to use it for the intended purpose for private purposes. Commercial use of the licensed object is excluded.
2.2 In particular, the licensee is prohibited from reproducing, renting or leasing the licensed object in whole or in part, translating, editing or otherwise redesigning the licensed object, sublicensing the licensed object or publicly reproducing the licensed object by wire or wireless means, including making it available to the public in such a way that it is accessible to members of the public from places and at times of their choosing. The licensee is also prohibited from decompiling, disassembling or reverse engineering the licensed object (“reverse engineering”), unless the licensee is entitled to do so in accordance with the relevant mandatory copyright law.
2.3 All rights to the source code of the licensed object belong exclusively to the licensor. The licensee has no right to access the source code or to publish the source code. § 69e of the Copyright Act remains unaffected.
2.4 The license is non-transferable; an exception to this is the transfer of the copy of the software downloaded by the licensee if the licensee makes the copy of the program installed on his computer unusable at the time of transfer.
2.5 Upon request and if there is a legitimate interest in doing so, the licensee will allow the licensor or a third party commissioned by him to check whether the use of the licensed object is within the scope of the rights granted herein; the licensee will support the licensor in carrying out such a test to the best of his ability.
2.6 The licensor reserves the right to revise, add to or delete any part of the licensed object from time to time at its sole discretion. In addition, the licensor is entitled at any time and from time to time at its sole discretion to change or provide updates or upgrades to the licensed object or to components thereof. The licensee agrees and acknowledges that no products or services of the licensor that are not expressly described in this agreement are hereby licensed to him.
2.7 Notwithstanding the above provisions, the licensee acknowledges that the licensed object contains software that is subject to different terms of use with regard to the use of such software than this contract. Open source software licenses may apply to certain such components, which means that every software license that is approved as open source software by the Open Source Initiative or a correspondingly comparable license makes it a condition for the distribution of such software, licensed under such a license that the distributor makes this software available in source code format. Under § 11 you will find further information on the software components that are covered by such a license and their respective terms of use. However, these can be changed by the third-party providers at any time. If necessary, the licensor hereby provides the corresponding software in the source code.
3. INTERNET CONNECTION
The licensee agrees that access to the licensed object and certain properties of it require a connection to the Internet, for which he is solely responsible. The operation of the licensed object can be limited or restricted depending on the possibility, bandwidth and other technical restrictions over which the licensor has no influence. The responsibility for this lies with a third party who provides the internet connection.
4. TERM
4.1 The term of this agreement begins with your acceptance of the provisions of this contract and ends with the expiry of the license in accordance with the product description.
4.2 With the expiration or termination of this agreement, the rights and licenses granted to the licensee under this agreement expire immediately, and he must immediately stop using the licensed object.
5. WARRANTY
5.1 The licensor guarantees the agreed quality and ensures that the licensee can use the licensed object without infringing the rights of third parties. The warranty for material defects does not apply to defects that are based on the fact that the licensed object is used in a hardware and software environment that does not meet the requirements specified in the product description or for changes and modifications that the licensee has made to the licensed object without this to be entitled by law to this contract or on the basis of a prior written consent of the licensor.
5.2 If the licensee is an entrepreneur and has acquired the rights of use and exploitation of the licensed item for an unlimited period, he must check the licensed item for obvious defects immediately upon receipt and notify the licensor immediately if they exist, otherwise a guarantee for these defects is excluded. The same applies if such a defect appears later. § 377 of the German Commercial Code (HGB) applies.
In the event of a material defect, the licensor is initially entitled to supplementary performance, i.e. at his own discretion to remedy the defect (“repair”) or to deliver a replacement. As part of the replacement delivery, the licensee may adopt a new version of the software, unless this leads to unreasonable impairments. In the event of legal defects, the licensor will, at his own option, provide the licensee with a legally flawless possibility of using the licensed object or modify it in such a way that no third party rights are violated.
5.3 The licensor is entitled to provide the warranty on the premises of the licensee. The licensor also fulfills his obligation to improve by making updates provided with an automatic installation routine available for download on his homepage and offering the licensee telephone support to solve any installation problems that may arise.
5.4 The right of the licensee to reduce the purchase price or to withdraw from the contract in the event that the repair or replacement delivery fails twice remains unaffected. A right of withdrawal does not exist in the case of insignificant defects. If the licensee claims damages or reimbursement of wasted expenses, the seller is liable according to No. 6.
5.5 If the licensee is an entrepreneur and has acquired a temporary right of use and exploitation of the licensed item, the licensor guarantees that the contractually agreed quality of the licensed item will be maintained during the term of the contract and that no third party rights would conflict with the contractual use of the software. The licensor will remedy any material defects or defects of title in the licensed object within a reasonable period of time.
The licensee is obliged to notify the licensor in writing of any defects in the software immediately after they have been discovered. In the case of material defects, this is done by describing the time at which the defects occurred and the more detailed circumstances.
5.6 If the customer is a consumer, the statutory warranty rules apply without restriction.
5.7 With the exception of claims for damages, warranty claims due to material defects become statute-barred in two years or in one year if no consumer is involved in the transaction. In the case of sale on a data carrier, the statute of limitations begins with the delivery of the contractual software, in the case of sale by means of a download from the Internet after notification and activation of the access data for the download area. For claims for damages and claims for reimbursement of wasted expenses no. 6 applies.
6. LIABILITY, DAMAGES
6.1 According to this contract, the licensor is only liable in accordance with the following provisions in (a) to (e):
(a) The licensor is fully liable for willful or grossly negligent damage caused by the licensor, his legal representatives or managerial staff as well as for damage caused by other vicarious agents intentionally; for gross negligence on the part of other vicarious agents, liability is determined in accordance with the provisions for slight negligence listed in (e) below.
(b) The licensor is fully liable for damage caused intentionally or negligently from injury to life, limb or health by the licensor, his legal representatives or vicarious agents.
(c) The licensor is liable for damage due to the lack of guaranteed properties up to the amount that was included in the purpose of the guarantee and that was recognizable to the licensor when the guarantee was given.
(d) The licensor is liable for product liability damage in accordance with the provisions of the Product Liability Act.
(e) The licensor is liable for damages resulting from the breach of cardinal obligations by the licensor, his legal representatives or vicarious agents; Cardinal obligations are the essential obligations that form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the licensee can rely. If the licensor has violated these cardinal obligations through slight negligence, his liability is limited to the amount that was foreseeable for the licensor at the time of the respective service.
6.2 As far as legally permissible, the licensor is not liable for the loss of data.
6.3 Any further liability on the part of the licensor is basically excluded.
7. AUDIT RIGHTS
Upon request, the licensee will enable the licensor to check the proper use of the licensed object, in particular whether the licensee uses it qualitatively and quantitatively within the scope of the licenses he has acquired. For this purpose, the licensee will provide the licensor with information, allow them to inspect relevant documents and records, and enable the licensor or an auditing company named by the licensee to check the hardware and software environment that is used and that is acceptable to the licensor. The licensor may carry out the test on the premises of the licensee during his regular business hours or have it carried out by third parties who are bound to secrecy. The licensor will ensure that the licensee’s business operations are disrupted as little as possible by his on-site activities. If the check reveals that the number of licenses purchased is exceeded by more than 5% (five percent) or any other use that is not in accordance with the contract, the licensee bears the costs of the check, otherwise the costs are borne by the licensor.
8. PRIVACY POLICY
8.1 With the conclusion of this contract, the licensee agrees to the validity of the data protection provisions of the licensor in their currently valid version.
8.2 The licensor is permitted to record the following data: the MAC address of the system on which the licensed object was installed, as well as the number of printouts made using the licensed object. This information is used to provide the services of the licensor and to inform the licensee about product upgrades, new products and services, offers and other information. If the licensor needs further data to fulfill these purposes, he will inform the licensee of this before the data is collected.
9. PRODUCT IMPROVEMENTS AND EVALUATION
9.1 In the event of a crash, data is transmitted to help the licensor identify problems with the licensed object. This is:
• a description of the problem prepared by the licensed object. Depending on the type of installation, this can contain the name of the Windows user account of the licensee. It also contains information on the hardware equipment and the properties of the printer profile selected for the current project.
• a list made by the program of all CUR3D updates that have been installed; and the time at which the licensee started the installation.
• a visual still image of the program at the moment of the crash. This can contain all data that was displayed in the program at that time, in particular: file names & paths; Names of objects within the file; exact dimensions. However, NO images or data from other programs on the system.
The licensee can object to the transmission of this data without this affecting the functionality of the licensed object.
9.2 In all cases, the licensee’s data will be used exclusively for the two aforementioned purposes in accordance with the provisions of the Federal Data Protection Act and will not be passed on to third parties. The data will only be stored until the purpose has been achieved.
10. FINAL PROVISIONS
10.1 Changes to this contract must be made in writing to be effective. This also applies to changes to this written form requirement.
10.2 The law of the Federal Republic of Germany applies to this contract with the exception of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
10.3 General terms and conditions of the licensee do not apply.
10.4 The parties agree that the licensor’s registered office is the exclusive place of jurisdiction for all disputes arising from and in connection with this contract, provided that the licensee is a merchant within the meaning of the German Commercial Code or that the licensee does not have a registered office in the Federal Republic of Germany when legal action is taken.
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, there may be authorization requirements or the use of the software or related technologies abroad may be subject to restrictions. The licensee will comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant regulations. The fulfillment of the contract by the licensor is subject to the condition that there are no obstacles to fulfillment due to national and international provisions of export and import law or any other statutory provisions.
10.6 The ineffectiveness of individual regulations in this contract does not affect the effectiveness of the remaining regulations. In this case, the parties undertake to agree on effective regulations that come closest to the intended purpose of the ineffective regulations. This applies accordingly to the closing of any gaps in this contract.
11. USED THIS SOFTWARE
11.1 Open Asset Import Library (www.assimp.sourceforge.net)
Copyright (c) 2006 – 2015 assimp team
All rights reserved.
License: www.assimp.sourceforge.net/main_license.html
11.2 OpenVDB (www.openvdb.org)
You have the right to obtain a copy of the source code by reasonable means in a timely manner, at a charge no more than the cost of distribution. Write to info@cur3d.de for more information.
License: www.openvdb.org/license
11.3 zlib (www.zlib.net)
Copyright (c) Jean – loup Gailly, Mark Adler
License: www.zlib.net/zlib_license.html
11.4 Google Material Icons
under the Apache License Version 2.0
www.material.io/icons
11.5 FreeImage (www.freeimage.sourceforge.net)
License: www.freeimage.sourceforge.net/freeimage-license.txt
11.6 FreeType (www.freetype.org)
Portions of this software are copyright © 2016 The FreeType Project (www.freetype.org). All rights reserved.
License: http://git.savannah.gnu.org/cgit/freetype/freetype2.git/tree/docs/FTL.TXT
11.7 Intel Threading Building Blocks (www.threadingbuildingblocks.org)
License: www.apache.org/licenses/LICENSE-2.0