HID Global Corporation SDK License Agreement

IMPORTANT READ CAREFULLY – THESE TERMS APPLY TO YOUR USE OF HID SOFTWARE DEVELOPMENT KIT (IN OBJECT CODE FORMAT) AND ANY ACCOMPANYING DEVELOPERS’ TOOLS, DOCUMENTATION, AND INSTRUCTIONS (COLLECTIVELY, THE “SDK”), AS PROVIDED BY HID GLOBAL CORPORATION OR AN HID GLOBAL CORPORATION AFFILIATED ENTITY (“HID” OR “LICENSOR”). BY USING THE SDK, YOU (“YOU” OR “LICENSEE”) ACKNOWLEDGE THAT YOU HAVE READ THIS SDK LICENSE AGREEMENT (“AGREEMENT”), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SDK.

1 PURPOSE

Licensee wishes to develop Application(s) that interoperate with a Licensor System (“Purpose”).

2 DEFINITIONS

“Affiliate(s)” means, with respect to any legally recognizable entity, any other such entity Controlling, Controlled by, or under common Control with such entity. “Control” means direct or indirect: (i) ownership of more than fifty percent (50%) of the outstanding shares representing the right to vote for members of the board of directors or other managing officers of such entity; or (ii) for an entity that does not have outstanding shares, more than fifty percent (50%) of the ownership interest representing the right to make decisions for such entity. An entity shall be deemed an Affiliate only so long as such Control exists.

“Applicable Branding Guidelines” means the guidelines for use of any of HID’s trademarks that Licensee must display pursuant to Section 3.3, below, as provided and updated from time to time by Licensor in its sole discretion.

“Application(s)” means the application(s) developed by Licensee using the SDK under this Agreement that interoperate with the Licensor System. For clarity, Licensor acknowledges that it does not obtain any ownership interest in any Application(s) that Licensee develops using the SDK.

“End User(s)” means the end users using the Application(s).

“HID Trademark” means any of the trademarks and/or service marks appearing in the Applicable Branding Guidelines, whether registered or unregistered, that Licensor requests Licensee use pursuant to Section 3.3.

“Licensor System” means Licensor’s equipment, services, and software (excluding the Application(s)). Access to, use, or resale of any Licensor System is subject to separate terms and conditions.

3 LICENSE

3.1 Subject to Licensee’s compliance with the terms of this Agreement and solely for the Purpose, Licensor grants to Licensee, a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to: (i) use and reproduce the SDK to develop Application(s) that interoperate with the Licensor System; (ii) use the SDK for Licensee’s internal testing and evaluation; and (iii) incorporate redistributable elements of the SDK in the Application(s) and distribute the Application(s) to End Users. Licensor does not grant any license or right to Licensee other than, or for any other purposes than, as explicitly set out in this Agreement.

3.2 If the Application is designed to run on a mobile device, Licensee agrees to bind End User(s) to terms no less protective of Licensor than, or in conflict with, those set forth at: https://www.hidglobal.com/legal/mobile-app-license.

3.3 If requested by Licensor, Licensee must display one or more HID Trademark, depending on the Licensor System, on or within the Application(s) developed using the SDK and within publicly available collateral for Application(s), in a manner consistent with the Applicable Branding Guidelines. Subject to and conditioned upon Licensee's compliance with the terms of this Agreement and the Applicable Branding Guidelines, Licensor grants to Licensee, a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use and display the applicable HID Trademark on or within the Application(s). Licensee shall comply with all requirements of Licensor and the Applicable Branding Guidelines with regard to such use and display of the applicable HID Trademark, including, without limitation, termination of such use and display. For clarity, the license granted by this Section is solely for the purpose of displaying the applicable HID Trademark in the Application(s). At Licensor's request, Licensee shall, at its own expense, supply or provide access to a reasonable number of samples of its licensed use of the HID Trademark to Licensor for review to ensure compliance with this Agreement and the Applicable Branding Guidelines.

3.4 License Restrictions

3.4.1 Licensee will restrict access to the SDK only to Licensee’s employees, agents, and any third-party development providers assisting Licensee in developing the Application(s) (collectively, the “Authorized Persons”), who have a need-to-know and have agreed to substantially similar terms no less restrictive as this Agreement. Licensee will be liable and responsible for the Authorized Persons’ compliance with the terms of this Agreement.

3.4.2 Except as otherwise provided by law or as explicitly permitted by this Agreement, Licensee may not and will not permit any other party to or attempt to sell, rent, loan, lease, sublease, assign, or otherwise provide, transfer or dispose of the SDK in whole or in part, to any third party, or modify, adapt, distribute (other than the incorporation of redistributable elements of the SDK in the Application(s) developed by Licensee in accordance with the terms of this Agreement) or create derivative works of the SDK, or reverse engineer, disassemble or decompile binary portions of the SDK, or otherwise attempt to derive the source code from such portions. Unless otherwise expressly agreed to by HID in writing, Licensee shall not use or integrate the SDK with any other products or services other than those of the Licensor or any of its Affiliates.

3.4.3 Licensee shall not disclose or publish the results of any performance, functional, or other evaluation or benchmarking of the SDK to any third party without the prior written consent of Licensor.

3.5 Additional terms applicable to certain SDKs are included herein as an Attachment.

4 OWNERSHIP.

Ownership of and title to the SDK and the Licensor System, any intellectual property therein and any trademarks, service marks, or trade names of Licensor or its Affiliates or their licensors and any goodwill arising out of the use of the foregoing will always remain with Licensor or its Affiliates and their licensors. Licensee will not represent or assert any ownership interest in the SDK or in the Licensor System, or in any intellectual property forming part or all of the SDK or the Licensor System, or any trademarks, service marks, or trade names of the Licensor or the Licensor's Affiliates or their licensors. Licensee acknowledges that Licensor retains ownership in any redistributable components of the SDK that Licensee embeds in Licensee’s Application(s). Licensee shall take no actions that diminish, reduce or impair Licensor’s ownership, rights in or ability to use the SDK, the Licensor System, any intellectual property forming part or all of the SDK or the Licensor System, or any trademarks, service marks, or trade names of Licensor or Licensor's Affiliates or their licensors.

5 SUPPORT.

Unless otherwise expressly agreed to in writing, Licensor has no obligations under this Agreement to provide any support or maintenance of or in relation to the SDK.

6 VERIFICATION OF THE APPLICATION(S)

6.1 Licensee acknowledges and agrees that the functionality and design of the Application(s) must be approved and verified by Licensor prior to Licensee’s commercial use of the Application(s) (including, without limitation, any marketing or distributing of the Application(s) or otherwise making available the Application(s) to any third party). Licensee shall comply with verification procedures as directed by HID in its sole discretion.

6.2 Licensee shall regardless of such review and verification and regardless of Licensor’s findings or non-findings in such review remain solely responsible for the proper functionality and any and all features of the Application(s).

7 CHANGES TO THE SDK

7.1 Licensor reserves the right at any time or for any reason to modify, change, update or enhance the SDK (“Changes”) in Licensor’s sole and exclusive discretion. Licensee acknowledges and agrees that if Licensee does not promptly implement such Changes, the Application(s) may become incompatible with the Licensor System. Licensor has the right to suspend Licensee’s access to and use of the Licensor System if Licensee does not promptly implement the Changes. Any changes to the Application(s) will be made at Licensee’s sole cost.

7.2 Changes to the SDK released by Licensor may be subject to restrictions, including without limitation restrictions on use, identified at the time of release of such Changes.

8 THIRD PARTY SOFTWARE AND OPEN SOURCE

8.1 The SDK may include or be bundled with other software programs licensed under different terms, including open-source software. Licensor is not responsible for any third-party software and shall have no liability for the Licensee’s use of such third-party software. Any third party or open-source software used in the SDK is subject to the specific terms of such software, which terms will be provided with the SDK.

8.2 Licensee may not use or link any open-source code or other open source materials with the SDK in a manner that would cause or causes the SDK (or any portion thereof) to become subject to the terms of an open source license under which downstream recipients or other third parties may claim the right to (i) copy, create derivative works of, or redistribute the SDK (or any portion thereof), or (ii) receive source code to the SDK (or any portion thereof). Licensee is liable towards Licensor for any damage, loss, including loss of profit, cost or expense due to Licensee’s breach of this Section.

9 LICENSEE DUTIES AND WARRANTIES

9.1 Licensee must comply with all applicable regulatory requirements, including without limitation all applicable laws, regulations, and policies related to the use of the SDK and the development and distribution of the Application.

9.2 Licensee shall be solely responsible for (and Licensor or its Affiliates shall have no responsibility to Licensee or any third party): (i) any data, content, or resources that Licensee creates, transmits or displays and which is developed by Licensee by use of the SDK; (ii) any deficiencies in the Application(s); (iii) any breach of Licensee’s obligations under this Agreement or any applicable third party contract, or any applicable law or regulation; or (iv) for any loss or damage which Licensor or its Affiliates or any third party may suffer as a result of any such breach.

9.3 Licensee warrants and represents that Licensee will: (i) carry out any development of the Application(s) with appropriately qualified and skilled employees and adequate resources, and in a professional and workmanlike manner and in line with generally accepted standards in the industry and (ii) immediately report any compromise of security of or unauthorized access to the Licensor System of which it becomes aware.

9.4 Licensee agrees that it will be responsible for all copies of SDK received, made or distributed by Licensee and for any and all third-party claims, actions or proceedings as well as any losses, liabilities, damages, costs and expenses suffered by Licensor resulting, directly or indirectly, from the unauthorized use of the SDK or caused by Licensee’s breach of this Agreement. All copies of the SDK are owned by Licensor.

9.5 Licensee shall comply with all applicable privacy laws in its development, use and distribution of the Application(s) pursuant to this Agreement, and Licensee shall notify End Users of any data collected via the Application(s) in Licensee’s privacy policy. Licensee will maintain and process all user data in accordance with Licensee’s privacy policy and all applicable laws and regulations in any countries in which the Application(s) is distributed or used.

10 CONFIDENTIALITY AND FEEDBACK

Licensor and Licensee acknowledge that each party may have access to certain of the other party’s confidential and proprietary information in connection with the SDK (the “Confidential Information”). Each party will take all reasonable precautions necessary to safeguard Confidential Information, including those taken by such party to protect its own confidential information of a similar nature. Each party will use the other party’s Confidential Information solely to fulfil the Purpose. Neither party will have any confidentiality obligation with respect to any portion of the Confidential Information that (i) it independently develops without reference to the other party’s Confidential Information, (ii) it lawfully obtains from a third party under no obligation of confidentiality or (iii) becomes available to the public other than as a result of its act or omission. Licensee may, from time to time, provide suggestions, comments, or other feedback to Licensor with respect to the Software ("Feedback"). Licensee agrees that all Feedback is and shall be entirely voluntary. Licensor shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to Licensee.

11 DISCLAIMER OF WARRANTY

THE SDK IS PROVIDED AS IS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OR TITLE, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LICENSOR DOES NOT WARRANT THAT LICENSEE’S USE OF THE SDK WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. LICENSEE SHALL BEAR THE RISK AND LICENSEE SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR OTHER DEVICE, INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEMS AND DEVICES OF LICENSEE OR USERS OF ANY APPLICATION, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SDK. NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

12 INDEMNITY

Licensee shall defend, indemnify, and hold Licensor, its Affiliates, officers, directors, third-party service providers and employees, harmless from and against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) that arise directly or indirectly out of: (i) Licensee’s breach of any license restrictions, duties and warranties in this Agreement; (ii) Licensee’s use of the SDK for any purposes other than those set out in this Agreement; or (iii) any Application(s) that Licensee develops using the SDK or that interoperates with the Licensor System and/or other Licensor products/services (including, without limitation, to the extent such Application(s) infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy).

13 LIMITATION OF LIABILITY

13.1 LICENSOR, ITS LICENSORS, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, DATA (INCLUDING PERSONAL DATA) OR LOSS OF USE, OR PROCUREMENT OF REPLACEMENT SOFTWARE, HOWEVER INCURRED BY THE LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 LICENSOR’S AGGREGATE LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS (USD 100.00). The foregoing limitations and exclusions apply even if a limited or exclusive remedy fails of its essential purpose and will apply to the extent permitted by applicable law in Licensee’s jurisdiction. If applicable law limits the application of the provisions of this Section, Licensor’s liability will be limited to the maximum extent permissible.

14 TERM AND TERMINATION OF AGREEMENT

14.1 This Agreement shall remain in force for the duration of Licensee’s use of the SDK and provision of any Application, unless earlier terminated in accordance with these terms.

14.2 HID may terminate this Agreement immediately if: (i) Licensee or any party to which the Licensee provides access to the SDK, materially breaches any provision of this Agreement; (ii) the SDK or any Application should become, or in Licensor's opinion be likely to become subject to risk that could impact the operation or security of the Licensor System; or (iii) the Licensee should take any action in derogation of Licensor's rights with respect to the SDK, the Licensor System, or any other products/services, confidential information or intellectual property rights.

14.3 Upon termination of this Agreement, for whatever reason, Licensee will immediately cease all use of the SDK, and cease distribution of the Application(s). Within twenty (20) business days of the termination of this Agreement, Licensee will return to Licensor or destroy (and certify destruction of) all copies of the SDK and destroy or return all Licensor confidential information in Licensee’s possession.

15 GOVERNING LAW, VENUE

This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, USA. Any action, suit or proceeding relating to this Agreement may be brought in the appropriate the appropriate court located in Travis County, Texas and each party hereby consents to such jurisdiction. The provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement, or any order issued hereunder.

16 U.S. GOVERNMENT RESTRICTED RIGHTS.

The software is provided with "Restricted Rights". Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable (and the successor clauses to any of the foregoing). The contractor/manufacturer is HID Global Corporation. All software provided to the U.S. Government, including its civilian and military agencies, is commercial computer software that was developed at private expense prior to its provision to any U.S. Government entity. Subject to any applicable regulations set out in the FAR or DFARS (and any superseding regulations), the software is provided with the commercial license rights and restrictions described elsewhere in this Agreement. For Department of Defence agencies, the restrictions set forth in the "Technical Data - Commercial items" clause at DFARS 252.227-7015 (Nov 1995) shall also apply.

17 EVALUATION.

Trial, evaluation, beta test, or proof of concept of any HID products or services is provided in accordance with the Evaluation and Proof of Concept Terms and Conditions located at: https://www.hidglobal.com/sales-policy, as may be amended from time to time.

18 GENERAL

18.1 The SDK and technical data delivered under this Agreement may be subject to U.S. and EU export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.

18.2 Licensee will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act or any other laws or regulations regarding corruption or bribery.

18.3 It is understood and agreed that Licensee's breach of this Agreement will cause Licensor irreparable damage for which recovery of money damages would be inadequate, and that Licensor shall be entitled to seek injunctive relief to protect Licensor's rights under this Agreement, in addition to any and all remedies available at law or equity.

18.4 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Licensor may assign this Agreement to an Affiliate of Licensor. Any attempted assignment or transfer in contravention of this provision shall be null and void.

18.5 If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law or public policy the remaining provisions shall remain in full force and effect.

18.6 No term or provision hereof shall be deemed waived, and no breach consented to or excused, unless such waiver, consent or excuse shall be in writing and signed by the party claimed to have waived or consented. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.

18.7 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written agreements, communications, proposals, conditions, representations, and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

Attachment 1 – Additional Terms Applicable to DigitalPersona Biometric Software Development Kit Products

The following terms will apply to DigitalPersona Biometric Software Development Kit Products, in addition to those set forth in the Agreement. All capitalized terms not defined herein will have the meaning ascribed in the Agreement. In the event of a conflict between this Attachment and the Agreement, this Attachment governs.

1. You represent that each and every biometric fingerprint reader, fingerprint recognition algorithm and other software required by the Application for fingerprint recognition will be acquired from Licensor or its authorized distributors.

2. The SDK may be delivered with the Xerces2 Java Parser software, which is licensed under the Apache License, Version 2.0. You may not use the Xerces2 Java Parser software except in compliance with the following Apache License:

A. Definitions.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the Apache License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this Apache License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation, source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the Apache License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this Apache License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution".

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

B. Grant of Copyright License. Subject to the terms and conditions of this Apache License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

C. Grant of Patent License. Subject to the terms and conditions of this Apache License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this Apache License for that Work shall terminate as of the date such litigation is filed.

D. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, PROVIDED THAT YOU MEET THE FOLLOWING CONDITIONS:

  1. You must give any other recipients of the Work or Derivative Works a copy of this Apache License; and
  2. You must cause any modified files to carry prominent notices stating that You changed the files; and
  3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
  4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the Apache License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the Apache License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this Apache License.

E. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this Apache License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

F. Trademarks. This Apache License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

G. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this Apache License.

H. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Apache License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

J. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Apache License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

K. APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[ ]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "Apache License"); you may not use this file except in compliance with the Apache License. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0.

Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.