HapFACS License Agreement
Read the following terms and conditions carefully before downloading, installing or
using this Software (defined below). Signing and emailing us this form indicates your
acceptance of these terms and conditions.
LICENSE
This End User License Agreement (“License” or “License Agreement”) is a legal
agreement between Florida International University Board of Trustees (“FIU”) and you
and applies to your use of this FIU software, which may be referred to as HapFACS, and
all related documentation that may accompany the software (“Software”). FIU’s
licensees refers to any third parties licensing all or any portion of such Software.
1. Grant of License. So long as you are in compliance with this License Agreement, FIU
grants a non-exclusive license to use the Software only for personal and noncommercial
purposes which means not intended for or directed towards commercial advantage or
monetary compensation (“NonCommercial”) and subject to the restrictions set forth
below. No rights to the use of any FIU, or its licensors’, names, logos or trademarks are
conveyed by this License. This License Agreement is not for the sale of Software or any
other intellectual property. All right, title and interest, and all intellectual property rights
in and to the Software is owned by FIU or its licensors. Except as expressly stated
herein, no other rights are granted to you by implication, estoppel, or otherwise, under
any patent, copyright, trade secret, trademark, or other intellectual property right.
2. Restrictions on Use. You may use the Software only if you are an academic, research
or non-profit center and only for personal and NonCommercial purposes. You may not
further redistribute, sublicense, rent, loan or lease the Software to a third party.
3. Copyright. The Software is owned by FIU and/or its licensor(s) and protected by
copyright laws and international treaties. You may not copy the Software other than as
expressly provided in this License.
4. Attribution. You must cite the following article in any publication/work derived from
the use of the Software:
R. Amini, and C. Lisetti, (2013). HapFACS: an Open Source API/Software to
Generate FACS-Based Expressions for ECAs Animation and for Corpus
Generation. In Proceedings of the Affective Computing and Intelligent
Interactions.
You must retain any copyright notices found in the Software.
5. Term. This License is effective until terminated. You may terminate this License at
any time by deleting or otherwise destroying the Software together with all copies in any
form. This License will also automatically terminate if you fail to comply with any term
or condition of this License. You agree that FIU also may, at its sole discretion,
temporarily or permanently terminate the License with prior notice to you. Upon
termination, for any reason, you agree to destroy the Software together with all copies in
any form.
6. Compliance with Laws and Terms. You agree to comply with all applicable laws in
connection with the use of the Software.
7. Your Representations and Warranties. You represent and warrant that you possess the
legal right and ability to agree to this License Agreement and that you are a, or member
of, an academic or research institution or a non-profit center.
8. DISCLAIMER OF WARRANTY. The Software is provided to you “AS IS” and “AS
AVAILABLE”. FIU and its licensors do not warrant that the functions contained in the
Software will meet your requirements or that the operation of the Software will be
uninterrupted or error free. You assume responsibility for operation of the Software, and
for the installation, use, and results obtained from the Software.
Subject to any applicable legislation which prohibits the following exclusions, FIU AND
ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND RELATED TO THE
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, or arising from course of performance, dealing,
usage or trade. Some states and countries do not allow the exclusion of implied
warranties, or have legislation that imposes certain statutory warranties that cannot be
excluded, so the above exclusion may not apply to you.
9. LIMITATION OF LIABILITY. Your use of the Software is entirely at your own
risk. Under no circumstance will FIU, its agents, licensors or suppliers be liable to you
on account of your use or misuse of, or reliance on, the Software. TO THE EXTENT
PERMITTED BY LAW, IN NO EVENT WILL FIU, ITS LICENSORS OR SUPLIERS
BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY ACTUAL, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, costs
of procurement of substitute products or services OR OTHER DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Some states and countries do not allow
the limitation or exclusion of liability for incidental or consequential damages, or have
legislation that restricts the limitation or exclusion of liability, so the above limitation
may not apply to you.
10. Governing Law. This License is governed by the laws of the State of Florida. If for
any reason a court of competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full force and effect.
11. Export Law Assurances. You may not use or otherwise export or re-export the
Software except as authorized by United States law and laws of the jurisdiction in which
the Software was obtained.
12. Miscellaneous. Each provision of this License Agreement is severable. If a provision
is found to be unenforceable, this finding does not affect the enforceability of the
remaining provisions, terms, or conditions of this License Agreement. This License
Agreement is binding on successors and assigns. FIU will not be responsible for any nonperformance or delay attributable in whole or in part to any cause beyond its reasonable
control. Nothing contained herein shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. You acknowledge that you have
read this License Agreement, that you understand it, that you agree to be bound by its
terms, and that the foregoing is the complete and exclusive statement of the License
Agreement.
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