PILOT GATEWAY TOOLKIT LICENSE AGREEMENT FOR HACKATHON

NAB agrees to provide ‘You’ (or ‘Your’) a limited license to utilize the PILOT Gateway Toolkit (hereafter Software) for Noncommercial development use. This license shall begin on October 23, 2017 and terminate November 4, 2017.

NAB MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. USE OF EITHER IS AT YOUR OWN RISK. ANY UPDATES TO SOFTWARE IS AT THE DISCRETION OF NAB.

This Software (and any documentation) is free of charge and is provided “as is.” AS SUCH, NAB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. NAB will not be liable for any direct, indirect, special or consequential damages arising out of any use of the Software or documentation, even if advised of the possibility of such damage.  You will assume the cost of any and all necessary servicing, repair or damages caused by use of the Software. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall NAB (or its officers, employees, agents, insurers, contractors or representatives) be liable for damages, losses, and/or causes of action exceeding $100.

As long as you comply with the terms of this non-transferable License Agreement, NAB grants to you a non-exclusive license to use the Software for the purpose described below:

  1. General Use:
    • At the PILOT Hackathon, you may utilize the PILOT Toolkit for development and demonstration of ATSC 3 applications/services
    • Cannot be used for commercial purposes that generates revenue
    • All developments may be used in any manner by NAB or PILOT at no cost or charge to NAB or PILOT
  2. Intellectual Property Rights. The Software and any copies are the intellectual property of and are owned by the National Association of Broadcasters (NAB). The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy or utilize the Software, except as set forth above. You also agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
  3. NAB shall under no circumstances be liable for any claim or demand by any third party based on or related to your use of the Software or errors or alleged errors in the Software, including, without limitation, persons using your facilities or services or any user of any app that you develop using the Software. YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NAB, ITS OFFICERS, EMPLOYEES, AGENTS, INSURERS, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED OR SUSTAINED BY NAB OR SUCH OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES AS A RESULT OF ANY SUCH CLAIM OR DEMAND.
  4. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this License Agreement.