NFC FORUM, INC.
TEST SPECIFICATIONS CATALOG STUDY LICENSE
NOTE: THIS AGREEMENT PROVIDES FOR INTERNAL USE RIGHTS ONLY AND DOES NOT GRANT COMMERCIALIAZATION PRIVILEGES. ONLY MEMBERS AND ENTITIES THAT HAVE NEGOTIATED AN APPROPRIATE LICENSE WITH NFC FORUM MAY USE THE SPECIFICATIONS FOR COMMERCIAL PURPOSES. TO OBTAIN SUCH A LICENSE, PLEASE CONTACT [email protected]
This Agreement (Agreement) is entered into between you and NFC Forum, Inc. (Licensor), which is the developer and owner of the NFC Forum Test Specification that you may download when you complete and accept the terms of this Agreement (Specification). As used in this Agreement, “you” means the company, entity or individual that is acquiring a license under this Agreement, and “Specifications” means all adopted NFC Test Specifications as of the date of this Agreement.
By purchasing, you are agreeing that you will be bound by and are becoming a party to this Agreement. If you are an entity, and an individual is entering into this Agreement on your behalf, then you will be bound by this Agreement when that individual purchases. When they do so, it will also constitute a representation by the individual that s/he is authorized to bind you as a party to this Agreement.
In consideration of your payment of a licensing fee of US $2,500, Licensor hereby grants you the right, for internal purposes only, to copy and use the Specifications. This license grant does not include the right to sublicense or to distribute the Specifications, or to modify, create, sublicense or distribute any derivative works based upon any of the Specifications.
THE SPECIFICATIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL LICENSOR, ITS MEMBERS OR ITS CONTRIBUTORS BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SPECIFICATIONS.
THIRD PARTY RIGHTS.
Without limiting the generality of Section 2 above, LICENSOR ASSUMES NO RESPONSIBILITY TO COMPILE, CONFIRM, UPDATE OR MAKE PUBLIC ANY THIRD PARTY ASSERTIONS OF PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MIGHT NOW OR IN THE FUTURE BE INFRINGED BY AN IMPLEMENTATION OF ANY OF THE SPECIFICATIONS IN ITS CURRENT, OR IN ANY FUTURE FORM. IF ANY SUCH RIGHTS ARE DESCRIBED ON ANY SPECIFICATION, LICENSOR TAKES NO POSITION AS TO THE VALIDITY OR INVALIDITY OF SUCH ASSERTIONS, OR THAT ALL SUCH ASSERTIONS THAT HAVE OR MAY BE MADE ARE SO LISTED.
TERMINATION OF LICENSE.
This license may be terminated immediately upon notice from Licensor if you or any of your employees violates the limitations in the license grant above. In the event of any other breach of this Agreement by you or any of your employees, Licensor shall give you written notice and an opportunity to cure. If the breach is not cured within thirty (30) days after written notice, or if the breach is of a nature that cannot be cured, then Licensor may immediately or thereafter terminate the licenses granted in this Agreement.
All notices required under this Agreement shall be in writing, and shall be deemed effective five days from deposit in the mails. Notices and correspondence to either party shall be sent to its address as it appears below. This Agreement shall be construed and interpreted under the internal laws of the United States and the Commonwealth of Massachusetts, without giving effect to its principles of conflict of law.
NFC Forum, Inc.
401 Edgewater Place, Suite 600
Wakefield, Massachusetts 01880 USA
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