License Terms
NON-COMMERCIAL SOFTWARE LICENSE AGREEMENT
Background
This software download includes three software packages: the CSLU Toolkit is owned by the Oregon Health & Science University ("OHSU"); CUAnimate is owned by the University of Colorado, Boulder; Festival is owned by the University of Edinburgh. The licenses for each of these products are included below. By clicking "I AGREE" you have agreed to the terms of each of the licenses. Please contact the individual institutions for commercial licenses.
OHSU CSLU Toolkit Non-commercial License Agreement
Download license approved by OHSU's Technology & Research Collaborations office on Feb 10, 2004. Questions regarding this license agreement should be directed to:
Technology and Research Collaborations, Oregon Health & Science University
2525 SW First Avenue, Suite AD120
Portland, Oregon 97201-4753
www.ohsu.edu/tech-transfer
Phone: 503-494-8200
1. Background: Oregon Health & Science University’s Center for Spoken Language Understanding at the Oregon Graduate Institute of Science and Technology (the "Provider") developed the CSLU Toolkit (the "Software") and seeks to distribute the Software for public use and benefit.
2. Grant: The Provider hereby grants to you a revocable, nonexclusive, nontransferable, royalty-free and worldwide license (the "License") to use the Software solely for educational, research, or evaluation purposes, in accordance with Paragraph 3 below and subject to the terms and conditions of this License Agreement (the "Agreement"). The License entitles you to use the Software to conduct research or education in spoken language systems and to create Derivative Works solely for academic, non-commercial research endeavors of the Licensee (A "Derivative Work" is a work that is a modification of, enhancement to, derived from, or based upon the Software).
3. Limitations on Use: The License is limited to noncommercial use. Noncommercial use relates only to educational, research, personal or evaluation purposes. Any other use is commercial use. You may not use the Software in connection with any business activities. This license prohibits any reverse engineering of the Software, except where source code is given.
4. Limitations on Distribution: Licensee shall not grant sublicenses or otherwise distribute the Licensed Software or Derivative Products to third parties.
5. Copies: You may copy Provider copyrighted material only as reasonably necessary for your licensed use. You agree to reproduce the Provider's copyright notice on all copies of the Provider copyrighted material.
6. Ownership: The Software and the accompanying documentation are licensed, not sold, to you. The Software is a proprietary product of the Provider and is protected under U.S. copyright law and international treaty revisions. The Provider retains all rights not specifically granted to you hereunder, including ownership of the Software and all copyrights, trade secrets, or other intellectual property rights in the Software and any accompanying information.
7. Publication Credit: You agree to acknowledge OHSU's Center for Spoken Language Understanding with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Software.
8. Term of License: The License is effective upon receipt by you of the Software and shall continue until terminated. The License will terminate immediately without notice by the Provider if you fail to comply with the terms and conditions of this Agreement. Upon termination of this License, you shall immediately discontinue all use of the Software provided hereunder, and return to the Provider or destroy the original and all copies of all such Software. All of your obligations under this Agreement shall survive the termination of the License.
9. Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE.
10. Limitation on Liability: This Software is provided free of charge and, accordingly, the Provider shall not be liable under any theory for any damages suffered by you or any user of the Software. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS.
11. Indemnification: By clicking on the "I AGREE" button below, you agree to hold harmless, indemnify, and defend the Provider, its Trustees, officers, employees, and agents from and against any loss, damage, liability, claim of loss, lawsuit, cause of action, or other claim asserted against them or any of them arising out of, or in any way connected with, your performance of any activity hereunder.
12. U.S. Government Restricted Rights. OHSU acknowledges that the Licensed Software and Derivative Products may be subject to certain government rights in computer software related to the federal government funding of the development of such works, and that such rights may include a royalty-free, non-exclusive license solely for governmental use (including use by subcontractors). Use, duplication or disclosure by the Government is subject to restrictions set forth as subparagraphs (a) through (d) of the Commercial Computer--Restricted Rights clause at FAR 52.227-19, when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/Manufacturer is the Oregon Graduate Institute of Science & Technology, P.O. Box 91000, Portland, Oregon 97291-1000.
13. Export Controls: By clicking on the "I AGREE" button below, you agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
14. Disputes: The Parties agree to attempt to settle amicably any controversy or claim arising under this Agreement or a breach of this Agreement. Thereafter, both parties agree that all disputes between them arising out of or relating to this Agreement, shall be submitted to non-binding mediation unless the parties mutually agree otherwise. All parties agree to exercise their best effort in good faith to resolve all disputes in mediation. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon.
15. Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.
The Festival Speech Synthesis System
Centre for Speech Technology Research
University of Edinburgh, UK
Copyright (c) 1996-2003
All Rights Reserved.
Permission is hereby granted, free of charge, to use and distribute
this software and its documentation without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of this work, and to
permit persons to whom this work is furnished to do so, subject to
the following conditions:
1. The code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Any modifications must be clearly marked as such.
3. Original authors' names are not deleted.
4. The authors' names are not used to endorse or promote products
derived from this software without specific prior written
permission.
THE UNIVERSITY OF EDINBURGH AND THE CONTRIBUTORS TO THIS WORK
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT
SHALL THE UNIVERSITY OF EDINBURGH NOR THE CONTRIBUTORS BE LIABLE
FOR ANY 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
THIS SOFTWARE.
NON-EXCLUSIVE SOFTWARE LICENSE AGREEMENT
NON-COMMERCIAL
This Agreement is made and entered into by and between you (an individual or a single entity) (hereinafter "Licensee") and the Regents of the University Of Colorado, a body corporate, having its principal office at 201 Regent Hall, Regent Drive, Boulder, CO 80309 through the Center for Spoken Language Research (hereinafter "Colorado") .
WHEREAS, Colorado is the owner of certain Licensed Software (as defined herein); and
WHEREAS, Licensee is interested using the Licensed Software and;
WHEREAS, Colorado is willing to grant a license,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
For the purposes of this Agreement, the following words and phrases shall have the following meanings:
1.01 "Derivative Products" shall mean any computer program in machine readable object code or source code form developed or otherwise acquired by Licensee which is a modification of, enhancement to, derived from, or based upon the Licensed Software including interactive books that are made using the Licensed Software.
1.02 "End User" shall mean parties that use the Licensed Software and Derivative Products, as delivered to them, for their own purposes and not for resale to others;
1.03 "Effective Date" shall mean the date that the Licensed Software was received by the Licensee.
1.04 "Licensed Software" shall mean the computer programs described in Appendix A attached hereto supplied to Licensee by Colorado pursuant to this Agreement;
ARTICLE 2. GRANT OF RIGHTS AND ACCEPTANCE
2.01 Colorado hereby grants, and Licensee hereby accepts, subject to the terms and conditions of this Agreement, a non-exclusive, non-sublicensable, non-transferable and non-assignable, (except as explicitly permitted herein) license, to use and modify the Licensed Software and to create Derivative Products solely for academic, non-commercial research endeavors of the Licensee.
2.02 Licensee may sublicense the Licensed Software to other academic institutions for academic, non-commercial research endeavors of the sublicensees under the terms of the license attached in Appendix B.
2.02 Colorado acknowledges that the Licensed Software and Derivative Products may be subject to certain government rights in computer software related to the federal government funding of the development of such works, and that such rights may include a royalty-free, non-exclusive license solely for governmental use (including use by subcontractors).
ARTICLE 3. LICENSE EXCLUSIONS
3.01 Licensee shall not grant sublicenses or otherwise distribute the Licensed Software or Derivative Products to third parties.
3.02 Except as expressly authorized herein, Licensee shall:
(a) not copy or modify the Licensed Software; and
(b) not delete copyright notices or the original authors’ names from the Licensed Software; and
(c) clearly mark any modifications to the Licensed Software as such; and
(c) not reverse compile or reverse assemble all or any portion of the Licensed Software; and
(d) not disclose the results of Licensed Software performance benchmarks to any third party or the inclusion of the License Software in any publication or presentation without inclusion of proper citations to the Center for Spoken Language Research.
3.03 No license, right or interest in any Colorado trademark, trade name or service mark is granted hereunder.
ARTICLE 4. TECHNICAL SUPPORT
4.01 Licensee acknowledges that the Licensed Software is provided without any obligation by CSLR to provide technical support or maintenance, telephone, email or otherwise, including but not limited to modifications, improvements, customizations, patches, bug fixes. Licensee acknowledges that it shall be solely responsible for any technical support.
ARTICLE 5. DISTRIBUTION OF DERIVATIVE PRODUCTS
5.01 Upon Licensee's written request, Colorado agrees to reasonably consider distributing the Derivative Products. Colorado agrees to review the proposed distribution of the Derivative Products, taking into account the current or proposed commercial status of the Licensed Software and any Derivative Products as well as the purpose for distribution. The parties expressly acknowledge and agree that any such distribution shall be in the sole discretion of Colorado, with terms to be solely determined by Colorado.
5.02 Derivative Products that include Licensed Software may not be distributed for commercial use without executing a separate license agreement for commercial use with Colorado.
ARTICLE 6. TITLE AND PROTECTION
6.01 Colorado retains title to all portions of the Licensed Software, and any copies thereof. The Licensed Software contains valuable proprietary information, and Licensee shall not disclose the Licensed Software to anyone other than those of its employees or consultants under nondisclosure obligations, having a need to know for purposes consistent with this Agreement. The obligations set forth in this paragraph shall survive termination of this Agreement.
ARTICLE 7. REPORTS AND AUDITS
7.01 Upon the request of Colorado, with reasonable notice, but not more frequently than once a year, Licensee shall permit Colorado to have access during regular business hours to such records as may be necessary to verify that Licensee has complied with the terms of this Agreement.
7.02 Licensee acknowledges that Colorado is subject to the Colorado Public Records Act (C.R.S. §§ 24-72-201 et seq.). All plans and reports marked "confidential" shall be treated by Colorado as confidential to the extent permitted under § 24-72-204.
7.03 Licensee shall exercise reasonable care to protect the confidential information related to the Licensed Software from disclosure to third parties; and no such disclosure shall be made without Colorado’s written permission. All written documents containing confidential information and other material in tangible form received by Licensee under this Agreement shall remain the property of Colorado, and such documents and materials, together with copies of excerpts thereof, shall promptly be returned to Colorado upon request, except one copy may be retained for archival purposes.
ARTICLE 8. WARRANTIES, INDEMNIFICATIONS AND INSURANCE
8.01 COLORADO MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE BY LICENSEE, OF LICENSED SOFTWARE OR DERIVATIVE PRODUCTS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR WARRANTIES THAT THE USE OR SALE OF SUCH LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK, OR OTHER RIGHTS.
8.02 Licensee agrees to accept delivery of the Licensed Software in "as-is" condition.
8.03 Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be construed as:
(a) A warranty or representation that the Licensed Software or anything made, used, sold or otherwise disposed of under the License will or will not infringe patents, copyrights or other rights of third parties; or
(b) An obligation to furnish any know-how or technology not provided in the Licensed Software, to bring or prosecute actions or suits against third parties for copyright infringement or to provide any services other than those specified in this Agreement.
8.04 Licensee shall, to the extent permitted by law, indemnify, defend, and hold Colorado, its regents, employees, students, officers, agents, affiliates, and representatives harmless from and against all liability, demands, damages, losses, and expenses (including attorney fees), for death, personal injury, illness, property damage, noncompliance with applicable laws and any other claim, proceeding, demand, expense and liability of any kind whatsoever in connection with or arising out of:
(a) the use by or on behalf of Licensee, affiliates, directors, officers, or employees of any Licensed Software or Derivative Products; or
(b) the design, manufacture, production, of any Licensed Software or Derivative Product by Licensee; or
(c) any right or obligation of Licensee under this Agreement.
ARTICLE 9. TERMINATION
9.01 Licensee may terminate this Agreement at any time on sixty (60) days written notice to Colorado if Licensee:
(a) returns all confidential materials provided to Licensee by Colorado in connection with this Agreement; and
(b) suspends its use of the Licensed Software and Derivative Products; and
(c) provides Colorado the right to access any regulatory information filed with any U.S. or foreign government agency with respect to Licensed Software and Derivative Products; and
9.02 Colorado may terminate this Agreement in the event that Licensee is in breach or default of this Agreement and Licensee fails to cure the breach or default within thirty (30) days of written notice of the breach or default.
ARTICLE 10. MISCELLANEOUS
10.01 This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. However, Licensee may not assign its rights in this Agreement without prior written approval by Colorado, such approval not to be unreasonably withheld.
10.02 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
10.03 Notice hereunder shall be deemed sufficient if given by registered mail, postage prepaid, and addressed to the party to receive such notice at the address given below, or such other address as may hereafter be designated by notice in writing.
Colorado: Licensee:
Office of Technology Transfer
University of Colorado
Suite 390C, 4001 Discovery Drive
Campus Box 589 UCB
Boulder, CO 80309-0589
10.04 Licensee agrees not to identify Colorado in any promotional advertising, press releases, sales literature or other promotional materials to be disseminated to the public or any portion thereof without Colorado prior written consent in each case, except that Licensee may state that it has a license for the Licensed Software from Colorado. Licensee further agrees not to use the name of Colorado or any Colorado faculty member, inventor, employee or student or any trademark, service mark, trade name, copyright or symbol of Colorado, without the prior written consent of the Colorado, entity or person whose name is sought to be used.
10.05 Licensee agrees to:
(a) comply with all laws and regulations of the United States and any other country as appropriate concerning or controlling the import or export of the Licensed Software and Derivative Products, data, laboratory prototypes or other commodities. Colorado makes no representation that a license or consent for export will not be required by applicable governmental agencies, or if required, that it will be issued.
(b) comply with all copyright laws and regulations of the United States and any other country as appropriate concerning the use of copyrighted materials in Derivative Products.
(c) comply with all applicable statutes, regulations, and guidelines, including applicable governmental regulations, policies and guidelines in its use of any Colorado - supplied materials. Licensee agrees not to use the materials for research involving human subjects or clinical trials in the United States without complying with 21 C.F.R. Part 50 and 45 C.F.R. Part 46 (as those regulations may be amended from time to time).
10.06 The terms and provisions contained in this Agreement constitute the entire Agreement between the parties and shall supersede all previous communications, representations, agreements or understandings, either oral or written, between the parties hereto with respect to the subject matter hereof, and no agreement or understanding varying or extending this Agreement will be binding upon either party hereto, unless in writing which specifically refers to this Agreement, signed by duly authorized officers or representatives of the respective parties, and the provisions of this Agreement not specifically amended thereby shall remain in full force and effect according to their terms.
10.07 The provisions of this Agreement are severable, and in the event that any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof.
10.08 This Agreement does not establish a joint venture, agency or partnership between the parties, nor create an employer - employee relationship.
10.09 The parties agree that nothing in this Agreement is intended or shall be construed as a waiver, either express or implied, of any of the immunities, rights, benefits, defenses or protections provided to Colorado under governmental or sovereign immunity laws from time to time applicable to Colorado, including, without limitation, the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq.) and the Eleventh Amendment to the United States Constitution.
10.10 The provisions of Articles 4, 6 and 9, and Paragraphs 8.01, 10.02, 10.04, 10.06-10.07, and 10.09, and any other provision of this Agreement that by its nature is intended to survive, shall survive any termination or expiration of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be effective on the date that the Licensed Software was received by the Licensee.
APPENDIX A
LICENSED SOFTWARE
CU Animate: CSLR has developed a powerful set of tools, called CU Animate, for researching and developing animated characters and controlling them in real time within advanced dialogue systems. CU animate is designed to support development and manipulation of 3D models, importation of 3D models from major commercial packages, stereo video data collection for texture mapping, and real-time animation using both parameter-based and morphing approaches. A set of tools has been developed to enable authors to produce arbitrary animation sequences for a library of five 3D characters, and to incorporate these sequences into advanced dialogue systems such as electronic books.
CU Animate currently uses five characters that are available to licensees and industrial affiliates, and we will work with affiliates to develop and animate new 3D models. Each of the five characters is equipped with a skeleton so that movements of arms, hands, fingers, legs, feet, etc can be manipulated; a tongue that moves to specified targets for each phoneme, and lips that move to specified viseme targets in real time. In addition, each character is designed to express five or six different emotions. A real time rendering engine animates the models at over 30 frames per second on off-the-shelf computers. The rendering engine produces visible speech and tongue movements by morphing between specified targets between adjacent phonemes. Smoothing is done over left and right contexts to provide a rough first approximation to coarticulation. A few heuristics have been incorporated into the rendering scheme to improve the visible speech; e.g., a rule requires targets to be reached at the onsets of stop consonants; this rule overcomes effects of smoothing that prevented the target from being reached at faster speech rates.
The characters and animation system have been designed for maximum flexibility and control. The polygons associated with each eye, eyeball and eyebrow can be controlled independently, as can head movements, body movements, and gestures that combine movements of different body parts.
Background
This software download includes three software packages: the CSLU Toolkit is owned by the Oregon Health & Science University ("OHSU"); CUAnimate is owned by the University of Colorado, Boulder; Festival is owned by the University of Edinburgh. The licenses for each of these products are included below. By clicking "I AGREE" you have agreed to the terms of each of the licenses. Please contact the individual institutions for commercial licenses.
OHSU CSLU Toolkit Non-commercial License Agreement
Download license approved by OHSU's Technology & Research Collaborations office on Feb 10, 2004. Questions regarding this license agreement should be directed to:
Technology and Research Collaborations, Oregon Health & Science University
2525 SW First Avenue, Suite AD120
Portland, Oregon 97201-4753
www.ohsu.edu/tech-transfer
Phone: 503-494-8200
1. Background: Oregon Health & Science University’s Center for Spoken Language Understanding at the Oregon Graduate Institute of Science and Technology (the "Provider") developed the CSLU Toolkit (the "Software") and seeks to distribute the Software for public use and benefit.
2. Grant: The Provider hereby grants to you a revocable, nonexclusive, nontransferable, royalty-free and worldwide license (the "License") to use the Software solely for educational, research, or evaluation purposes, in accordance with Paragraph 3 below and subject to the terms and conditions of this License Agreement (the "Agreement"). The License entitles you to use the Software to conduct research or education in spoken language systems and to create Derivative Works solely for academic, non-commercial research endeavors of the Licensee (A "Derivative Work" is a work that is a modification of, enhancement to, derived from, or based upon the Software).
3. Limitations on Use: The License is limited to noncommercial use. Noncommercial use relates only to educational, research, personal or evaluation purposes. Any other use is commercial use. You may not use the Software in connection with any business activities. This license prohibits any reverse engineering of the Software, except where source code is given.
4. Limitations on Distribution: Licensee shall not grant sublicenses or otherwise distribute the Licensed Software or Derivative Products to third parties.
5. Copies: You may copy Provider copyrighted material only as reasonably necessary for your licensed use. You agree to reproduce the Provider's copyright notice on all copies of the Provider copyrighted material.
6. Ownership: The Software and the accompanying documentation are licensed, not sold, to you. The Software is a proprietary product of the Provider and is protected under U.S. copyright law and international treaty revisions. The Provider retains all rights not specifically granted to you hereunder, including ownership of the Software and all copyrights, trade secrets, or other intellectual property rights in the Software and any accompanying information.
7. Publication Credit: You agree to acknowledge OHSU's Center for Spoken Language Understanding with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Software.
8. Term of License: The License is effective upon receipt by you of the Software and shall continue until terminated. The License will terminate immediately without notice by the Provider if you fail to comply with the terms and conditions of this Agreement. Upon termination of this License, you shall immediately discontinue all use of the Software provided hereunder, and return to the Provider or destroy the original and all copies of all such Software. All of your obligations under this Agreement shall survive the termination of the License.
9. Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE.
10. Limitation on Liability: This Software is provided free of charge and, accordingly, the Provider shall not be liable under any theory for any damages suffered by you or any user of the Software. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS.
11. Indemnification: By clicking on the "I AGREE" button below, you agree to hold harmless, indemnify, and defend the Provider, its Trustees, officers, employees, and agents from and against any loss, damage, liability, claim of loss, lawsuit, cause of action, or other claim asserted against them or any of them arising out of, or in any way connected with, your performance of any activity hereunder.
12. U.S. Government Restricted Rights. OHSU acknowledges that the Licensed Software and Derivative Products may be subject to certain government rights in computer software related to the federal government funding of the development of such works, and that such rights may include a royalty-free, non-exclusive license solely for governmental use (including use by subcontractors). Use, duplication or disclosure by the Government is subject to restrictions set forth as subparagraphs (a) through (d) of the Commercial Computer--Restricted Rights clause at FAR 52.227-19, when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/Manufacturer is the Oregon Graduate Institute of Science & Technology, P.O. Box 91000, Portland, Oregon 97291-1000.
13. Export Controls: By clicking on the "I AGREE" button below, you agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
14. Disputes: The Parties agree to attempt to settle amicably any controversy or claim arising under this Agreement or a breach of this Agreement. Thereafter, both parties agree that all disputes between them arising out of or relating to this Agreement, shall be submitted to non-binding mediation unless the parties mutually agree otherwise. All parties agree to exercise their best effort in good faith to resolve all disputes in mediation. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon.
15. Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.
The Festival Speech Synthesis System
Centre for Speech Technology Research
University of Edinburgh, UK
Copyright (c) 1996-2003
All Rights Reserved.
Permission is hereby granted, free of charge, to use and distribute
this software and its documentation without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of this work, and to
permit persons to whom this work is furnished to do so, subject to
the following conditions:
1. The code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Any modifications must be clearly marked as such.
3. Original authors' names are not deleted.
4. The authors' names are not used to endorse or promote products
derived from this software without specific prior written
permission.
THE UNIVERSITY OF EDINBURGH AND THE CONTRIBUTORS TO THIS WORK
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT
SHALL THE UNIVERSITY OF EDINBURGH NOR THE CONTRIBUTORS BE LIABLE
FOR ANY 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
THIS SOFTWARE.
NON-EXCLUSIVE SOFTWARE LICENSE AGREEMENT
NON-COMMERCIAL
This Agreement is made and entered into by and between you (an individual or a single entity) (hereinafter "Licensee") and the Regents of the University Of Colorado, a body corporate, having its principal office at 201 Regent Hall, Regent Drive, Boulder, CO 80309 through the Center for Spoken Language Research (hereinafter "Colorado") .
WHEREAS, Colorado is the owner of certain Licensed Software (as defined herein); and
WHEREAS, Licensee is interested using the Licensed Software and;
WHEREAS, Colorado is willing to grant a license,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
For the purposes of this Agreement, the following words and phrases shall have the following meanings:
1.01 "Derivative Products" shall mean any computer program in machine readable object code or source code form developed or otherwise acquired by Licensee which is a modification of, enhancement to, derived from, or based upon the Licensed Software including interactive books that are made using the Licensed Software.
1.02 "End User" shall mean parties that use the Licensed Software and Derivative Products, as delivered to them, for their own purposes and not for resale to others;
1.03 "Effective Date" shall mean the date that the Licensed Software was received by the Licensee.
1.04 "Licensed Software" shall mean the computer programs described in Appendix A attached hereto supplied to Licensee by Colorado pursuant to this Agreement;
ARTICLE 2. GRANT OF RIGHTS AND ACCEPTANCE
2.01 Colorado hereby grants, and Licensee hereby accepts, subject to the terms and conditions of this Agreement, a non-exclusive, non-sublicensable, non-transferable and non-assignable, (except as explicitly permitted herein) license, to use and modify the Licensed Software and to create Derivative Products solely for academic, non-commercial research endeavors of the Licensee.
2.02 Licensee may sublicense the Licensed Software to other academic institutions for academic, non-commercial research endeavors of the sublicensees under the terms of the license attached in Appendix B.
2.02 Colorado acknowledges that the Licensed Software and Derivative Products may be subject to certain government rights in computer software related to the federal government funding of the development of such works, and that such rights may include a royalty-free, non-exclusive license solely for governmental use (including use by subcontractors).
ARTICLE 3. LICENSE EXCLUSIONS
3.01 Licensee shall not grant sublicenses or otherwise distribute the Licensed Software or Derivative Products to third parties.
3.02 Except as expressly authorized herein, Licensee shall:
(a) not copy or modify the Licensed Software; and
(b) not delete copyright notices or the original authors’ names from the Licensed Software; and
(c) clearly mark any modifications to the Licensed Software as such; and
(c) not reverse compile or reverse assemble all or any portion of the Licensed Software; and
(d) not disclose the results of Licensed Software performance benchmarks to any third party or the inclusion of the License Software in any publication or presentation without inclusion of proper citations to the Center for Spoken Language Research.
3.03 No license, right or interest in any Colorado trademark, trade name or service mark is granted hereunder.
ARTICLE 4. TECHNICAL SUPPORT
4.01 Licensee acknowledges that the Licensed Software is provided without any obligation by CSLR to provide technical support or maintenance, telephone, email or otherwise, including but not limited to modifications, improvements, customizations, patches, bug fixes. Licensee acknowledges that it shall be solely responsible for any technical support.
ARTICLE 5. DISTRIBUTION OF DERIVATIVE PRODUCTS
5.01 Upon Licensee's written request, Colorado agrees to reasonably consider distributing the Derivative Products. Colorado agrees to review the proposed distribution of the Derivative Products, taking into account the current or proposed commercial status of the Licensed Software and any Derivative Products as well as the purpose for distribution. The parties expressly acknowledge and agree that any such distribution shall be in the sole discretion of Colorado, with terms to be solely determined by Colorado.
5.02 Derivative Products that include Licensed Software may not be distributed for commercial use without executing a separate license agreement for commercial use with Colorado.
ARTICLE 6. TITLE AND PROTECTION
6.01 Colorado retains title to all portions of the Licensed Software, and any copies thereof. The Licensed Software contains valuable proprietary information, and Licensee shall not disclose the Licensed Software to anyone other than those of its employees or consultants under nondisclosure obligations, having a need to know for purposes consistent with this Agreement. The obligations set forth in this paragraph shall survive termination of this Agreement.
ARTICLE 7. REPORTS AND AUDITS
7.01 Upon the request of Colorado, with reasonable notice, but not more frequently than once a year, Licensee shall permit Colorado to have access during regular business hours to such records as may be necessary to verify that Licensee has complied with the terms of this Agreement.
7.02 Licensee acknowledges that Colorado is subject to the Colorado Public Records Act (C.R.S. §§ 24-72-201 et seq.). All plans and reports marked "confidential" shall be treated by Colorado as confidential to the extent permitted under § 24-72-204.
7.03 Licensee shall exercise reasonable care to protect the confidential information related to the Licensed Software from disclosure to third parties; and no such disclosure shall be made without Colorado’s written permission. All written documents containing confidential information and other material in tangible form received by Licensee under this Agreement shall remain the property of Colorado, and such documents and materials, together with copies of excerpts thereof, shall promptly be returned to Colorado upon request, except one copy may be retained for archival purposes.
ARTICLE 8. WARRANTIES, INDEMNIFICATIONS AND INSURANCE
8.01 COLORADO MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE BY LICENSEE, OF LICENSED SOFTWARE OR DERIVATIVE PRODUCTS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR WARRANTIES THAT THE USE OR SALE OF SUCH LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK, OR OTHER RIGHTS.
8.02 Licensee agrees to accept delivery of the Licensed Software in "as-is" condition.
8.03 Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be construed as:
(a) A warranty or representation that the Licensed Software or anything made, used, sold or otherwise disposed of under the License will or will not infringe patents, copyrights or other rights of third parties; or
(b) An obligation to furnish any know-how or technology not provided in the Licensed Software, to bring or prosecute actions or suits against third parties for copyright infringement or to provide any services other than those specified in this Agreement.
8.04 Licensee shall, to the extent permitted by law, indemnify, defend, and hold Colorado, its regents, employees, students, officers, agents, affiliates, and representatives harmless from and against all liability, demands, damages, losses, and expenses (including attorney fees), for death, personal injury, illness, property damage, noncompliance with applicable laws and any other claim, proceeding, demand, expense and liability of any kind whatsoever in connection with or arising out of:
(a) the use by or on behalf of Licensee, affiliates, directors, officers, or employees of any Licensed Software or Derivative Products; or
(b) the design, manufacture, production, of any Licensed Software or Derivative Product by Licensee; or
(c) any right or obligation of Licensee under this Agreement.
ARTICLE 9. TERMINATION
9.01 Licensee may terminate this Agreement at any time on sixty (60) days written notice to Colorado if Licensee:
(a) returns all confidential materials provided to Licensee by Colorado in connection with this Agreement; and
(b) suspends its use of the Licensed Software and Derivative Products; and
(c) provides Colorado the right to access any regulatory information filed with any U.S. or foreign government agency with respect to Licensed Software and Derivative Products; and
9.02 Colorado may terminate this Agreement in the event that Licensee is in breach or default of this Agreement and Licensee fails to cure the breach or default within thirty (30) days of written notice of the breach or default.
ARTICLE 10. MISCELLANEOUS
10.01 This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. However, Licensee may not assign its rights in this Agreement without prior written approval by Colorado, such approval not to be unreasonably withheld.
10.02 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
10.03 Notice hereunder shall be deemed sufficient if given by registered mail, postage prepaid, and addressed to the party to receive such notice at the address given below, or such other address as may hereafter be designated by notice in writing.
Colorado: Licensee:
Office of Technology Transfer
University of Colorado
Suite 390C, 4001 Discovery Drive
Campus Box 589 UCB
Boulder, CO 80309-0589
10.04 Licensee agrees not to identify Colorado in any promotional advertising, press releases, sales literature or other promotional materials to be disseminated to the public or any portion thereof without Colorado prior written consent in each case, except that Licensee may state that it has a license for the Licensed Software from Colorado. Licensee further agrees not to use the name of Colorado or any Colorado faculty member, inventor, employee or student or any trademark, service mark, trade name, copyright or symbol of Colorado, without the prior written consent of the Colorado, entity or person whose name is sought to be used.
10.05 Licensee agrees to:
(a) comply with all laws and regulations of the United States and any other country as appropriate concerning or controlling the import or export of the Licensed Software and Derivative Products, data, laboratory prototypes or other commodities. Colorado makes no representation that a license or consent for export will not be required by applicable governmental agencies, or if required, that it will be issued.
(b) comply with all copyright laws and regulations of the United States and any other country as appropriate concerning the use of copyrighted materials in Derivative Products.
(c) comply with all applicable statutes, regulations, and guidelines, including applicable governmental regulations, policies and guidelines in its use of any Colorado - supplied materials. Licensee agrees not to use the materials for research involving human subjects or clinical trials in the United States without complying with 21 C.F.R. Part 50 and 45 C.F.R. Part 46 (as those regulations may be amended from time to time).
10.06 The terms and provisions contained in this Agreement constitute the entire Agreement between the parties and shall supersede all previous communications, representations, agreements or understandings, either oral or written, between the parties hereto with respect to the subject matter hereof, and no agreement or understanding varying or extending this Agreement will be binding upon either party hereto, unless in writing which specifically refers to this Agreement, signed by duly authorized officers or representatives of the respective parties, and the provisions of this Agreement not specifically amended thereby shall remain in full force and effect according to their terms.
10.07 The provisions of this Agreement are severable, and in the event that any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof.
10.08 This Agreement does not establish a joint venture, agency or partnership between the parties, nor create an employer - employee relationship.
10.09 The parties agree that nothing in this Agreement is intended or shall be construed as a waiver, either express or implied, of any of the immunities, rights, benefits, defenses or protections provided to Colorado under governmental or sovereign immunity laws from time to time applicable to Colorado, including, without limitation, the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq.) and the Eleventh Amendment to the United States Constitution.
10.10 The provisions of Articles 4, 6 and 9, and Paragraphs 8.01, 10.02, 10.04, 10.06-10.07, and 10.09, and any other provision of this Agreement that by its nature is intended to survive, shall survive any termination or expiration of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be effective on the date that the Licensed Software was received by the Licensee.
APPENDIX A
LICENSED SOFTWARE
CU Animate: CSLR has developed a powerful set of tools, called CU Animate, for researching and developing animated characters and controlling them in real time within advanced dialogue systems. CU animate is designed to support development and manipulation of 3D models, importation of 3D models from major commercial packages, stereo video data collection for texture mapping, and real-time animation using both parameter-based and morphing approaches. A set of tools has been developed to enable authors to produce arbitrary animation sequences for a library of five 3D characters, and to incorporate these sequences into advanced dialogue systems such as electronic books.
CU Animate currently uses five characters that are available to licensees and industrial affiliates, and we will work with affiliates to develop and animate new 3D models. Each of the five characters is equipped with a skeleton so that movements of arms, hands, fingers, legs, feet, etc can be manipulated; a tongue that moves to specified targets for each phoneme, and lips that move to specified viseme targets in real time. In addition, each character is designed to express five or six different emotions. A real time rendering engine animates the models at over 30 frames per second on off-the-shelf computers. The rendering engine produces visible speech and tongue movements by morphing between specified targets between adjacent phonemes. Smoothing is done over left and right contexts to provide a rough first approximation to coarticulation. A few heuristics have been incorporated into the rendering scheme to improve the visible speech; e.g., a rule requires targets to be reached at the onsets of stop consonants; this rule overcomes effects of smoothing that prevented the target from being reached at faster speech rates.
The characters and animation system have been designed for maximum flexibility and control. The polygons associated with each eye, eyeball and eyebrow can be controlled independently, as can head movements, body movements, and gestures that combine movements of different body parts.