This Technical Specification License (Agreement) is a legal agreement between you and FiRa® Consortium, Inc. (Licensor), which is the owner of the technical specification or specifications that you have selected above and will be able to purchase after you click “I ACCEPT” below (each a Specification). As used in this Agreement, "you" means the company, entity or individual that is acquiring a license under this Agreement. By clicking "I ACCEPT" below, you are accepting and agreeing that you are bound by and are becoming a party to this Agreement. If you are an entity, and an individual is entering into this Agreement on your behalf, then you will be bound by this Agreement when that individual clicks “I ACCEPT”. When they do so, it will also constitute a representation by the individual that they are authorized to bind you as a party to this Agreement. If you do not agree to all of the terms of this Agreement, click "I DO NOT ACCEPT" below.

  1. LICENSE GRANT.
    In consideration of your payment of the applicable license fees for each Specification, Licensor hereby grants to each Authorized User (defined below) the limited, non-exclusive right to use each copy of the Specifications that you have purchased solely for your internal review and study purposes. For purposes hereof, “Authorized User” means (a) if you have purchased an “Individual License”, the individual person acquiring a license to and the purchased copies of the Specifications under this Agreement, or an individual person to whom such Authorized User transfers any such purchased copies, or (b) if you have purchased an “Enterprise License”, your employees, members and consultants (as applicable). If you have purchased an “Enterprise License,” you may also make a copy of each purchased Specification for each Authorized User, solely for their use for your internal review and study purposes.

    This license grant does not include the right to (i) sublicense, modify, or create derivative works based upon the Specifications, (ii) implement the Specifications, either in whole or in part, in any product, or (iii) license, sell or distribute such a product. In order to receive additional rights, you must become a member of Licensor, at which point you will be able to gain implementation and related rights to the purchased Specifications. To apply for membership, please visit www.firaconsortium.org/membership.

    You expressly acknowledge and agree that (a) Licensor shall have no obligation to you or any other person or entity to update, support or maintain the Specifications, (b) as between you and Licensor, the Specifications and all related intellectual property rights shall at all times be the exclusive property of Licensor, (c) nothing in this Agreement conveys or transfers, or shall be construed to convey or transfer, to you or any other person or entity any ownership interest in any of the foregoing or any portion thereof, and (d) Licensor hereby reserves all rights other than those expressly granted pursuant to this Agreement.

  2. NO WARRANTIES.
    THE SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL LICENSOR, ITS MEMBERS OR ITS CONTRIBUTORS BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SPECIFICATION.

  3. THIRD PARTY RIGHTS.
    Without limiting the generality of Section 2 above, LICENSOR ASSUMES NO RESPONSIBILITY TO COMPILE, CONFIRM, UPDATE OR MAKE PUBLIC ANY THIRD PARTY ASSERTIONS OF PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MIGHT NOW OR IN THE FUTURE BE INFRINGED BY AN IMPLEMENTATION OF ANY SPECIFICATION IN ITS CURRENT, OR IN ANY FUTURE FORM. IF ANY SUCH RIGHTS ARE DESCRIBED ON ANY SPECIFICATION, LICENSOR TAKES NO POSITION AS TO THE VALIDITY OR INVALIDITY OF SUCH ASSERTIONS, OR THAT ALL SUCH ASSERTIONS THAT HAVE OR MAY BE MADE ARE SO LISTED.

  4. TERMINATION OF LICENSE.
    In the event of a breach of this Agreement by you or any of your Authorized Users, Licensor shall give you written notice and an opportunity to cure. If the breach is not cured within thirty (30) days after written notice, or if the breach is of a nature that cannot be cured, then Licensor may immediately or thereafter terminate the licenses granted in this Agreement.

  5. EXPORT REGULATIONS.
    The Specifications, or portions thereof, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you are solely responsible for obtaining all requisite export, re-export, import or other licenses in connection with your use of the Specifications.

  6. RESTRICTED RIGHTS.
    Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19(a) through (d) as applicable.

  7. MISCELLANEOUS.
    All notices required under this Agreement shall be in writing and shall be deemed effective five days from deposit in the mails. Notices and correspondence to Licensor shall be sent to Attention: Secretariat, FiRa Consortium, Inc., at 3855 SW 153rd Drive, Beaverton, OR 97003. Notices and correspondence to you shall be sent to the address that you provided when registering to purchase the Specification(s), and you represent and warrant that the information you provided when so registering is complete and accurate. This Agreement shall be construed and interpreted under the internal laws of the United States and the State of Delaware, without giving effect to its principles of conflict of law.

I Do Not Accept