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Usage Agreement

between

the Max Planck Institute for Biological Cybernetics

located at Spemannstr. 38, D-72076 Tübingen

hereinafter called "MPI"

and the user of the face database, hereinafter called "LICENSEE". 
 
Whereas the LICENSEE is interested in the use of certain two and three dimensional IMAGES -which is the proprietary interest of MPI- for application in LICENSEE'S research.
Whereas MPI is willing to provide the LICENSEE with certain IMAGES (as detailed below) for the purposes of research.


The Parties agree as follows:
 

1. THE IMAGES

The IMAGES which are covered by this Agreement covers IMAGES, hereinafter collectively called IMAGES, that were generated by MPI from three-dimensional head scans and can be downloaded from the website of MPI. There are two dimensional images and three dimensional head datas.
 

2. GRANT OF RIGHTS

A non-exclusive, nontransferable, royalty-free license is granted to LICENSEE to use the IMAGES on an appropriate computer system located at LICENSEE's institute to which LICENSEE has authorized access.

MPI will be free, at its sole discretion, to distribute the IMAGES to others and to use it for its own purposes.
 

3. COPIES

LICENSEE may make a reasonable number of copies of the IMAGES for the purposes of backup and maintenance of the IMAGES. These additional copies will carry the copyright notice and will be controlled by this license, and will be destroyed by LICENSEE upon termination of the license.


4. USE RESTRICTION

Use of the IMAGES is restricted to scientific work of LICENSEE and collaborators who have agreed to accept the terms of this license. LICENSEE agrees that the IMAGES will not be used for any other purpose, neither commercial or other use. 

If LICENSEE desires to use the IMAGES for commercial purposes, in particular to sell a product based on the IMAGES as a result of activities conducted hereunder, LICENSEE has to inform MPI thereof in advance so that LICENSEE and MPI can discuss the possibility of a non-exclusive, non-transferable royalty-bearing license. 


5. DISTRIBUTION AND RELEASE LIMITATION

LICENSEE agrees to not distribute, disclose or release the IMAGES to any person other than laboratory personnel of LICENSEE and shall ensure that no one will be allowed to take or send the IMAGES to any other location than that mentioned above, unless written permission is first obtained from MPI. Unauthorized transfer, possession, or control of any copy, modification or merged portion of the IMAGES to or by another party shall automatically terminate this license.
 

6. PUBLICATIONS

If LICENSEE desires to publish results obtained with the IMAGES, LICENSEE shall acknowledge the source of the IMAGES and its use in any publication by an appropriate citation, e.g., "The face database was provided by the Max-Planck Institute for Biological Cybernetics in Tuebingen, Germany".
 

7. WARRANTY

LICENSEE AGREES THAT THE IMAGES ARE LICENSED "AS IS", WITH ALL FAULTS. The IMAGES ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. MPI MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE IMAGES WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT.
 

8. LIABILITY

In no event shall MPI be liable for any use by LICENSEE of the IMAGES or any loss, claim, damage or liability, of whatsoever kind or nature, which may rise from or in connection with this Agreement or the use, handling or storage of the IMAGES. LICENSEE will hold MPI harmless and shall indemnify MPI for any loss from LICENSEE's use, handling, storage or other activity connected with the IMAGES.
 

9. LAW

This license shall be construed, interpreted and governed by the laws of the Federal Republic of Germany. Any disputes resulting from the interpretation and implementation of this license shall be settled amicably. No modifications or supplementations of this license shall be effective unless in writing and signed by both parties. 


10. TERMS

LICENSEE is allowed to use the IMAGES during his research. However, MPI is entitled to terminate this license and to request the immediate destruction of the IMAGES, in case LICENSEE does not comply with his or her obligations under this license.

I accept

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