Licensing Terms

Before downloading and/or using IRT’s BMF XML schema please read this important legal information (German version on request)

BMF-XML-Schema - Licensing Terms and Conditions

The terms and conditions of this licence agreement ("Agreement") apply to the subject IRT XML schema of BMF (‘Broadcast Metadata Exchange Format’), the Schema-Subsets (as defined below), and any associated documentation (hereinafter collectively referred to as "BMF-XML-Schema").

By downloading and/or using the BMF-XML-Schema you agree to be bound to all the following terms and conditions (“T&C”). If you agree to the T&C on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to the T&C. If you do not have such authority or if you do not fully agree to the subject T&C, you must not use the BMF-XML-Schema.

 

1. Grant of Rights

a. Licence Grant. The licence which IRT grants to you hereunder under the restrictions according to below Section b. on the BMF-XML-Schema provides you the right (i) to generate a subset (“Schema-Subset”) of the BMF-XML-Schema provided that such subset complies with the associated set of rules of IRT (contact irt for further information), (ii) to use the BMF-XML-Schema, incl. Schema-Subsets, in-house, (iii) to provide BMF-XML-Schema, incl. Schema-Subsets, as such free-of-cost to third parties, whereby any such provision shall include this Agreement, shall be performed under terms and conditions no less protective of IRT’s proprietary rights than as defined under this Agreement, and shall include a reference to IRT as the owner of BMF-XML-Schema, incl. Schema-Subset, (iv) to develop, manufacture, and market to third parties products and services which use or have integrated the BMF-XML-Schema or Schema-Subsets, and (v) to refer to aforementioned products as products having integrated IRT’s BMF-XML-Schema (in its whole or only a Schema-Subset); in cases of products which have integrated a modified BMF-XML-Schema you must prove that such products are BMF-compliant in order to be entitled to refer to such products as BMF-products. IRT retains all rights in BMF-XML-Schema, incl. Schema-Subsets, that are not explicitly granted.

b. Restrictions. BMF-XML-Schema is copyrighted and protected by copyright and other intellectual property laws and treaties. BMF-XML-Schema is licensed, not sold. Title to BMF-XML-Schema and all associated intellectual property rights is retained by IRT and its licensors. If not otherwise provided hereunder, you may not (i) sell, rent, lend, lease, licence, sub-licence, or otherwise commercially use BMF-XML-Schema, incl. Schema-Subsets, as such, and/or (ii) derive from BMF-XML-Schema, incl. Schema-Subsets, new XML schema and market or distribute them as such. No right, title or interest in or to any trademark, service mark, logo or trade name of IRT, its licensors, or its suppliers is granted under this Agreement.

2. Warranty

Under this Agreement, BMF-XML-Schema is provided solely on an “as is” basis. IRT neither guarantees that BMF-XML-Schema is suitable for your purposes, nor does IRT guarantee any results which you can achieve through the use thereof. All conditions, representations and warranties, whether express, implied or statutory, including, but not limited to, any (if any) implied warranty of fitness for a particular purpose, of reliability, availability, results and of non-infringement, are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

3. Liability

IRT is liable for wilful acts, gross negligence and malicious intent. In cases of slight negligence, IRT is solely liable for death, personal injury, and damage to health. For the rest, to the extent as not prohibited by law, the liability of IRT is excluded.

4. Support/Maintenance

Under this Agreement, IRT provides no support and no maintenance related to BMF-XML-Schema.

5. Termination

Without prejudice to any other rights, like indemnification claims, IRT may terminate this Agreement without any period of notice if you fail to comply with any material term or condition of this Agreement. Upon termination, you shall promptly delete and destroy all copies of BMF-XML-Schema, and shall promptly confirm to IRT in writing aforementioned deletion and destruction. With termination of this Agreement you lose all rights on BMF-XML-Schema granted through this Agreement. In the event of any termination, Articles 2.-6. shall survive such termination.

6. IRT’s General Terms and Conditions and Licence Terms

For the rest, the licensing of BMF-XML-Schema is subject to your acceptance of the “General Terms and Conditions and Licence Terms” of IRT.

© 2019 Institut für Rundfunktechnik GmbH. All rights reserved.
 

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