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Copyright (c) 2017 - Kyle Krafka, Aditya Khosla, Petr Kellnhofer, Harini Kannan, Suchendra Bhandarkar, Wojciech Matusik, and Antonio Torralba.

LICENSE AGREEMENT FOR USE OF GAZECAPTURE DATABASE AND ITRACKER MODELS

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this License Agreement for Use of GazeCapture Database and iTracker Models ("Research License"). To the extent this Research License may be interpreted as a contract, You are granted the rights mentioned below in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions

a. Licensor means the individual(s) or entity(ies) granting rights under this Research License.

b. You means the individual or entity exercising the Licensed Rights under this Research License. Your has a corresponding meaning.

c. Licensed Material refers to the GazeCapture database, iTracker models, and any related source. These contain eye-tracking data captured on mobile devices and machine learning models to predict where individuals are looking on these devices.

Section 2 – Scope

  1. Licensor desires to grant a license to You for the use of the Licensed Material. This license will in no case be considered a transfer of the Licensed Material.

  2. You shall have no rights with respect to the Licensed Material or any portion thereof and shall not use the Licensed Material except as expressly set forth in this Agreement.

  3. Subject to the terms and conditions of this Agreement, Licensor hereby grants to You for research use only, a royalty-free, non-exclusive, non-transferable, license subject to the following conditions:

  • The Licensed Material is only for Your research use and, in a need-to-know basis, of those direct research colleagues who belong to the same research institution as You and have adhered to the terms of this license.

  • The Licensed Material will not be copied nor distributed in any form other than for Your backup.

  • The Licensed Material will only be used for research purposes and will not be used nor included in commercial applications in any form (such as original files, encrypted files, files containing extracted features, models trained on dataset, other derivative works, etc).

  • Any work made public, whatever the form, based directly or indirectly on any part of the Licensed Material must include the following reference:

Kyle Krafka, Aditya Khosla, Petr Kellnhofer, Harini Kannan, Suchi Bhandarkar, Wojciech Matusik and Antonio Torralba. “Eye Tracking for Everyone”. IEEE Conference on Computer Vision and Pattern Recognition (CVPR), 2016.

  1. Licensor complies with the State of Massachusetts legislation in force. It is Your, and only yours, to comply with all the data protection laws that may affect You.

Section 3 – Disclaimer of Warranties and Limitation of Liability

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Research License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 4 – Term and Termination

a. If You fail to comply with this Research License, then Your rights under this Research License terminate automatically.

b. Where Your right to use the Licensed Material has terminated under Section 4(a), it reinstates:

  1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or

  2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 4(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Research License.

c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Research License.

d. Sections 1, 3, 4, 5 and 6 survive termination of this Research License.

Section 5 – Other Terms and Conditions

a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Research License.

Section 6 – Interpretation

a. For the avoidance of doubt, this Research License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Research License.

b. To the extent possible, if any provision of this Research License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Research License without affecting the enforceability of the remaining terms and conditions.

c. No term or condition of this Research License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

d. Nothing in this Research License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.