By viewing, downloading, saving, reproducing or using the Thread 1.1 Specification (“Specification”) including any associated media and printed material or electronic documentation, you hereby agree to the following terms and conditions:
Thread Group, Inc. (“Thread Group”) hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited and revocable license (without the right to sublicense), under Thread Group’s applicable intellectual property rights to view, download, save, reproduce and use the Specification solely for your own internal purposes in accordance with the terms of this License Agreement. This License Agreement does not authorize you to, and you expressly warrant that you shall not: 1) loan, rent, lease, sublicense, sell, or permit others to use the Specification; 2) modify, adapt, translate, or otherwise change the Specification in any manner or create any derivative work of the Specification; 3) copy or reproduce the Specification except for backup or archival purposes in connection with your internal use; or 4) remove any proprietary notices or labels on the Specification.
No right to implementation of the Specification is granted to you by this License Agreement. Members of Thread Group may hold patents and other intellectual property rights relating to the Specification, ownership and licenses of which are subject to the Thread Group’s IP Policy which is available for examination on the Thread Group public web site . Membership in Thread Group confers to members certain intellectual property rights, including reasonable and non-discriminatory royalty-free (RAND-RF) licensing to members in most cases. Membership in Thread Group is necessary to implement, practice, and ship Thread technology and Thread Group specifications. Failure to maintain active Thread Group membership while shipping Thread technology may result in legal action, including but not limited to licensing fees. Implementation of the Specification may also implicate intellectual property rights of non-members that are not subject to the Thread Group licensing obligations.
The name and trademarks of Thread Group may not be used in any manner, including advertising or publicity pertaining to the Specification or its contents without specific, written prior permission of Thread Group. Title to copyright in the Specification will at all times remain with Thread Group.
THE SPECIFICATION IS PROVIDED “AS IS,” AND THREAD GROUP AND ANY OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THREAD GROUP , ITS MEMBERS, AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required by Thread Group to effect such termination. You may also terminate this License Agreement at any time by notifying Thread Group in writing (via email addressed to email@example.com ) of termination. Upon any termination of this License Agreement, you shall immediately discontinue all use of the Specification and destroy all full or partial copies of the Specification and any related documentation.
This License Agreement is personal to you, and may not be assigned without Thread Group’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the term of this License Agreement, you shall provide written notice (via email addressed to firstname.lastname@example.org ) of such merger or acquisition no later than the date on which any public announcement is made.
This License Agreement is governed by and construed under the laws of the State of California, U.S.A., without regard to any conflict of law rules or principles, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. The parties irrevocably submit to the exclusive jurisdiction and venue of the courts of competent jurisdiction in the County of Santa Clara, State of California, U.S.A., provided however, that Thread Group will have the right to pursue claims against you in any other jurisdiction worldwide to enforce its rights under this License Agreement or to enforce its intellectual property rights. If any litigation is instituted to interpret, enforce or rescind this License Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded, the prevailing party’s reasonable attorney’s fees and other fees, costs, disbursements and expenses of every kind incurred in connection with the litigation, any appeal or petition for review, the collection of any award, or the enforcement of any order or judgment, as determined by the court.
If any part of this License Agreement shall be held unenforceable, the remainder of this License Agreement will nevertheless remain in full force and effect. All provisions of this License Agreement that would reasonably be expected to survive the termination of this License Agreement will do so. This License Agreement contains the entire understanding of the parties regarding the subject matter of this License Agreement and supersedes all prior and contemporaneous negotiations and agreements whether written or oral, between the parties with respect to the subject matter of this License Agreement. No other rights are granted by implication, estoppel or otherwise.