APDUINO PROJECT”
Royalty-free, Non-Commercial End User License Agreement (EULA)

Personal and/or Educational Licenses

1 Preamble

The underlying End User License Agreement (EULA) constitutes a legally binding agreement between you and APDUINO PROJECT (Hereinafter: APDUINO PROJECT).

This document defines the various terms of the agreement under which the “APDUINO PROJECT” is licensed to You or in a royalty-free way to create low-cost, Do-It-Yourself monitoring and automation for your backyard aquaponics, hydroponics, greenhouse or similar food growing system thus stimulate and support the growth of sustainable and eco-friendly initiatives and installations as well as to connect global human resources capable of applying technology for the benefit of our planet and its friendly inhabitants.

Though you are requested to read this document through carefully, we know that reading legal documents is painful (so is writing it), therefore we wrap up the purpose and key elements of the agreement for a simple overview and easy comprehension:

Please read the following terms and conditions carefully before using The “APDUINO PROJECT”. Your use of the “APDUINO PROJECT” Services, download and installation of a copy of APDUINO PROJECT NODE SOFTWARE Software indicates your acceptance of this License.



If you do not agree to any of the terms of this License, then do not download, install or use the APDUINO PROJECT Services and Software.

2 Definitions

Licensor: APDUINO PROJECT

Licensee: You or Your Company

Software: APDUINO PROJECT NODE SOFTWARE Software, distributed in binary format, that can be uploaded to and used on the reference hardware(s) to build and operate software-configurable intelligent nodes for environmental monitoring and automation to be used in backyard aquaponics, hydroponics or greenhouse sites

Service: APDuino Online Device Configuration & Management Service operated at APDUINO.COM allowing Software to be configured with various options and provide Licensee with services including but not limited to APDUINO PROJECT NODE SOFTWARE Inventory, Configuration and Management

Integration Interfaces: Software and Service both provide numerous interfaces allowing external services and applications to be connected with Software and/or Service in order to extend default functionality

Websites: Any web sites operated by APDUINO PROJECT related to APDUINO PROJECT.

The Solution: refers to Software, Service, Integration Interfaces and Websites altogether as well as separate entities, provided by APDUINO PROJECT allowing the construction of intelligent, networked systems interacting with their environments and/or each other

Third Party Services: Software and Service may provide features that allow the use of third party software or services in conjunction to APDUINO PROJECT, including but not limited to data logging services, custom controlling and processing applications.

Node Instances:Software load onto hardware

Active Node: a powered Node Instance making periodic connections to the Service

Isolated Node: a powered Node Instance, not making periodic connections to the Service

Derived Works: any hardware/software and/or service based on Software and/or Service, including but not limited to custom monitoring and automation nodes, external data collection and analysis tools, configuration and/or calibration applications, cloud-based processing services, node-control or monitoring websites

User Account: Licensee's User Account related to the Service

3 Licenses

APDUINO PROJECT hereby grants Licensee a royalty-free, non-exclusive, non-transferable right to use the Solution as follows solely for a Non-Commercial Purpose:

3.1 Personal License

A Personal purpose, Non-exclusive license, all with accordance with the terms set forth in the underlying EULA and other legal restrictions set forth in third-party software and services used while running Software and using Service (using Solution).

Licensee is allowed to download the Software and install it on the reference hardware for personal use.

Licensee is allowed to register and have one User Account

Licensee is allowed to create Derived Works and operate Derived Works for Personal use.

Fair Use Key Performance Indexes for Academic License apply limitations on the Service Availability (Requests Per Minute) and the number of Active Nodes and other factors, as set forth in 6.5

3.2 Educational License

An Educational purpose, Non-exclusive license, all with accordance with the terms set forth in the underlying EULA and other legal restrictions set forth in third-party software and services used while running Software and using Service (using Solution).

Licensee is allowed to download the Software and install it on the reference hardware for educational and academic use in the broad research domain of environmental studies, including fields of sustainable architecture, living and food production, carbon reduction, pollution reduction.

Licensee is allowed to create Derivative Works and operate Derivative Works for Educational and Academic use in the subjects and study fields mentioned above.

If the project is public (decided at the sole discretion of the Licensee), Licensee is kindly requested to maintain a project topic at APDuino Forums fulfilling the educational purpose of the License.

Fair Use Key Performance Indexes for Academic License apply limitations on the Service Availability (Requests Per Minute) and the number of Active Nodes and other factors, as set forth in 6.5

4 Upgrades, Updates and Fixes

Licensor, at its sole discretion, may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein for the Solution. Due to the distributed nature of the Solution, keeping it up to date on the Nodes is currently up to the Licensee's.

Licensor shall provide any Software Upgrade, Update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Upgrades, Updates or Fixes..

4.1 Software

Licensee hereby warrants to keep The Node up-to-date and install all relevant and applicable Software Upgrades, Updates and Fixes.

  1. Software Upgrades: under the terms of this agreement, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new major version number.
    For example, for Software version 1.X.X, an upgrade shall commence under number 2.0.0.

  2. Software Updates: under the terms of this agreement, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number.
    For example, for Software version 1.1.X, an update shall commence under number 1.2.0.

  3. Software Fix: under the terms of this agreement, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new minor sub-version number.
    For example, for Software version 1.1.1, a fix shall commence under number 1.1.2.

4.2 Service

  1. Service Upgrades: under the terms of this agreement, an Upgrade shall be a material amendment in The Service, which contains new features and or major performance improvements and shall be marked as a new major version number.
    For example, for Software version 1.X.X, an upgrade shall commence under number 2.0.0.

  2. Service Updates: under the terms of this agreement, an update shall be a minor amendment in The Service, which may contain new features or minor improvements and shall be marked as a new sub-version number.
    For example, for Software version 1.1.X, an update shall commence under number 1.2.0.

  3. Service Fix: under the terms of this agreement, a fix shall be a minor amendment in The Service, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new minor sub-version number.
    For example, for Software version 1.1.1, a fix shall commence under number 1.1.2.

Licensee may, at his sole discretion, also purchase available upgrades and to the Basic Services provided royalty-free under the terms of this agreement, according to the rates set by Licensor.

5 Support

Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require APDUINO PROJECT to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in the Software, Service or Websites.

  1. Bug Notification: Licensee may provide APDUINO PROJECT of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screen-shots and try to reproduce such bugs, defects or failures.

  2. Feature Request: Licensee may request additional features in Software, provided, however, that (a) Licensee shall waive any claim or right in such feature should feature be developed by APDUINO PROJECT or its associates; (b) Licensee shall be prohibited from disclosing such feature request, or feature, to any 3rd party directly competing with APDUINO PROJECT or any 3rd party which may be, following the development of such feature, in direct competition with APDUINO PROJECT; (c) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right.



6 Restrictions

6.1 General Restrictions

The Software contains proprietary code and trade secrets of APDUINO PROJECT, and therefore Licensee may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software.

The Service based on APDUINO PROJECT's proprietary software and trade secrets and therefore Licensee may not attempt to hack, exploit, reverse engineer or otherwise try to render Service unusable or malfunctioning, disturb or harass other users of APDUINO PROJECT. Licensee is also prohibited to attempt to capture user or node identities or data of other users and nodes.

Websites operated by APDUINO PROJECT contain copyrighted materials of APDUINO PROJECT and the APDUINO PROJECT Users, copyrighted belonging to their respective owners. In case any of the Websites defining their own legal terms of use, those terms and conditions may not be interpreted as exceptions to any of the terms set forth in the underlying EULA.

Further general restrictions:

6.2 Non-Commercial

The underlying EULA expressly prohibits any commercial use of the Solution, including but not limited to the commercial redistribution, setup, maintenance, training of the Solution in whole or any part(s) separately.

6.3 Redistribution

Licensee may not copy, modify, transfer or redistribute Software or Service to others in whole or in part, in digital or embedded format or any other way except as expressly provided by this Agreement.

6.4 Non-Disclosure

Licensee may not disclose to third parties any information, user-name(s), password(s), API key(s) or any other data not listed explicitly or techniques, code, binaries relating to the Solution that Licensor knows or should know to be a trade secret of APDUINO PROJECT and may cause damage to APDUINO PROJECT in any manner.

6.5 Fair Use Key Performance Indicators

APDUINO PROJECT uses Key Performance Indicators on certain Service/Solution feature availabilities/uses.

The following table sets forth Key Performance Indicators defining limitations on certain features of the Solution.

License Type

Active Node

Total Online Logged Sensors/ Actuators

Passive Node cleanup

Historic Data Storage

Node Plans

Service RPM

API RPM

Real-time logging extra RPM

Personal

2

20

2 months

2 weeks

1

1

1

1

Educational

4

40

3 months

1 month

1

4

16

4



Should the Licensee's Node Instances or Derived Works exceed the above Key Performance Indexes (as applicable to the License Type), APDUINO PROJECT may limit the Service or its availability and/or disable, ban, suspend, cancel, delete or terminate Nodes and/or User Accounts or access to the Service, at its sole discretion.

License Type: the license type selected from the applicable licenses of the underlying EULA.

6.6 Anti-Violence

Licensee is not allowed to create any kind of Derived Works with the purpose of committing an act of violence, including but not limited to: causing fear, panic, harm, damage, injury, death to any living creature(s), human(s) or animal(s).

Should Licensee create and/or operate such Derived Works or Node Instances and APDUINO PROJECT be informed about or otherwise become aware of it, APDUINO PROJECT will terminate any access to the Service for Licensee with immediate effect at its sole discretion.

7 Ownership

The Solution is the property of APDUINO PROJECT and its licensor(s) (if any), and are subject to applicable proprietary rights including but not limited to patents, registered trademarks, trademarks, copyrights.

As Software and Service are not sold but licensed to Licensee under the terms of the underlying EULA that constitutes no rights of ownership for Licensee for the Software or Service provided by APDUINO PROJECT.

APDuino™, APDuino Online™, APDUINO PROJECT NODE SOFTWARE™ and APDuinOS™ are trademarks of APDUINO PROJECT
All other brand names, product names, or trademarks belong to their respective holders.

7.1 Intellectual Properties in Node Instances and Derived Works

APDUINO PROJECT does not claim any proprietary rights for Licensee's Node Instances and other Derived Works, apart from the ownership of the Solution empowering the Node Instances and Derived Works, which right remains at APDUINO PROJECT at all times, as set forth by the EULA.

7.2 Data Policies

The Solution collects and delivers a lot of data being collected from the environment of the premises of the Licensee. In order that the Service can be successfully performed, Licensee hereby grants rights to APDUINO PROJECT to collect, process, store, dispatch, delete this data throughout the regular operations of the Solution, in accordance with the APDUINO PROJECT Privacy Policy and the underlying EULA.

Licensee grants the rights to APDUINO PROJECT to handle its data in an anonymously aggregated form, by computer algorithms and formulas in order to improve the Solution.

Furthermore, should APDUINO PROJECT AND Licensee be legally required to provide data to authorities requesting access by law, Licensee grants the rights to APDUINO PROJECT necessary to respond such legal requests.

7.3 Public Data Policies

For all information marked 'Public' by the Licensee in the Solution or published by Licensor throughout the public sections of the Websites, Licensee grants irrevocable rights to APDUINO PROJECT allowing the use, display, advertising, showcasing, promoting, copying, re-using in his own materials; with the copyright or other proprietary rights attribution to Licensee, as applicable.

8 Disclaimers

8.1 Warranty

THE SOFTWARE AND SERVICE IS PROVIDED BY APDUINO PROJECT "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8.2 Liability

To the extent permitted under Law, Software and Service are provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in any defect in any Derived Work.

8.3 No Refunds

Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

8.4 Indemnification

Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software or The Service in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.



9 Termination

  1. The term of this Agreement and the license granted herein begin on the Start Date and shall expire, without notice to you or any other notice, when the Software is removed from the APDuino Online Downloads and/or APDUINO PROJECT announces the termination on its website or otherwise.

  2. APDUINO PROJECT may revise, revoke or terminate this Agreement at any time, for any reason or no reason, in its sole discretion, without notice. Licensee is herewith agreeing to be bound by the then current version of this Agreement.

  3. Notwithstanding anything to the contrary herein this Agreement shall immediately terminate, without the requirement of any notice from APDUINO PROJECT to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement

  4. Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims APDUINO PROJECT may have, Licensee shall have no right to use the Software in any manner. Licensee shall immediately destroy all copies of the Software in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in APDUINO PROJECT.

  5. Termination or expiration of this Agreement shall not create any liability against APDUINO PROJECT and shall not relieve Licensee from any liability which arises prior to termination or expiration. The provisions of this Agreement which by their terms or sense are intended to survive shall survive cancellation, expiration or termination of this Agreement.

10 Other

Service may proxy Third Party Services provided by third parties, such as online data logging and retrieval services. The use of those third party services likely imply that an agreement is constituted between the Licensee and the third party legally governing Licensee's use of the proxied service.

The underlying EULA grants no rights whatsoever to use or claim ownership of any software, services provided by those third parties.

11 Third-Party Credits

APDUINO PROJECT NODE SOFTWARE uses code from 3rd parties as stated forth below. APDUINO PROJECT is not associated with any of the Third-Parties listed below, unless explicitly noted.

All copyrights and trademarks belong to their respective owners.

11.1 Arduino™

Copyright Arduino Team, Massimo Banzi, David Cuartielles, Tom Igoe, Gianluca Martino, and David Mellis
Arduino™ is a trademark of the Arduino team,

http://arduino.cc , http://code.google.com/p/arduino/

11.2 Arduino Metro library

Copyright Thomas Ouellet Fredericks

http://arduino.cc/playground/uploads/Code/Metro.zip

11.3 RTCLib

Copyright JeeLabs

http://news.jeelabs.org/code/

11.4 ADAFruit BMP085 Library

Copyright Limor Fried/Ladyada for Adafruit Industries

https://github.com/adafruit/Adafruit-BMP085-Library

11.5 Arduino OneWire library (v2.1)

Copyright (c) 2007, Jim Studt (original), Paul Stoffregen, Guillermo Lovato, Jason Dangel, Glenn Trewitt, Robin James, Tom Pollard, Josh Larios

http://www.pjrc.com/teensy/td_libs_OneWire.html

11.6 DHT-sensor-library

Copyright Adafruit Industries

https://github.com/adafruit/DHT-sensor-library

11.7 MemoryFree Library

Copyright Matthew Murdoch

http://arduino.cc/playground/Code/AvailableMemory

11.8 RCSwitch

Copyright (c) 2011 Suat Özgür

http://code.google.com/p/rc-switch/

11.9 APDuinOS / APDuino Headless

Copyright (c) 2012-2014 György Schreiber (relicensed to APDUINO PROJECT)

http://apduino.org

11.10 GoBoToo™

Copyright (c) 2014 György Schreiber (relicensed to APDUINO PROJECT)

GoBoToo™ - “Smart Stuff Creation Made Easy”™ and the GoBoToo logo are trademarks of BotOrbs, Ltd.

http://gobotoo.com