License

Ownership / Licensees

The Model & Software and the associated materials has been developed at the Max Planck Institute for Intelligent Systems (hereinafter "MPI").

Any copyright or patent right is owned by and proprietary material of the Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter collectively “Max-Planck”) hereinafter the “Licensor”.

This software includes the SMPL Body Model. By downloading this software, you are agreeing to be bound by the terms of the SMPL Model License

        https://smpl.is.tue.mpg.de/modellicense

which is necessary to create SMPL body models. 

SMPL bodies that are generated with SPEC can be distributed freely under the SMPL Body License

        https://smpl.is.tue.mpg.de/bodylicense

License Grant

Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right:

To install the Model & Software on computers owned, leased or otherwise controlled by you and/or your organization;

To use the Model & Software for the sole purpose of performing non-commercial scientific research, non-commercial education, or non-commercial artistic projects;

Any other use, in particular any use for commercial purposes, is prohibited. This includes, without limitation, incorporation in a commercial product, use in a commercial service, or production of other artifacts for commercial purposes. The Model & Software may not be reproduced, modified and/or made available in any form to any third party without Max-Planck’s prior written permission.

The Model & Software may not be used for pornographic purposes or to generate pornographic material whether commercial or not. This license also prohibits the use of the Model & Software to train methods/algorithms/neural networks/etc. for commercial use of any kind. By downloading the Model & Software, you agree not to reverse engineer it.

No Distribution

The Model & Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.

Disclaimer of Representations and Warranties

You expressly acknowledge and agree that the Model & Software results from basic research, is provided “AS IS”, may contain errors, and that any use of the Model & Software is at your sole risk. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MODEL & SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT. Specifically, and not to limit the foregoing, licensor makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of the Model & Software, (ii) that the use of the Model & Software will not infringe any patents, copyrights or other intellectual property rights of a third party, and (iii) that the use of the Model & Software will not cause any damage of any kind to you or a third party.

Limitation of Liability

Because this Model & Software License Agreement qualifies as a donation, according to Section 521 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) Licensor as a donor is liable for intent and gross negligence only. If the Licensor fraudulently conceals a legal or material defect, they are obliged to compensate the Licensee for the resulting damage.

Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. For the avoidance of doubt Licensor shall be liable in accordance with the German Product Liability Act in the event of product liability. The foregoing applies also to Licensor’s legal representatives or assistants in performance. Any further liability shall be excluded. Patent claims generated through the usage of the Model & Software cannot be directed towards the copyright holders. The Model & Software is provided in the state of development the licensor defines. If modified or extended by Licensee, the Licensor makes no claims about the fitness of the Model & Software and is not responsible for any problems such modifications cause.

No Maintenance Services

You understand and agree that Licensor is under no obligation to provide either maintenance services, update services, notices of latent defects, or corrections of defects with regard to the Model & Software. Licensor nevertheless reserves the right to update, modify, or discontinue the Model & Software at any time.

Defects of the Model & Software must be notified in writing to the Licensor with a comprehensible description of the error symptoms. The notification of the defect should enable the reproduction of the error. The Licensee is encouraged to communicate any use, results, modification or publication.

Publications using the Model & Software

You acknowledge that the Model & Software is a valuable scientific resource and agree to appropriately reference the following paper in any publication making use of the Model & Software.

 

Subjects' Consent

All subjects gave informed written consent to share their data for research purposes. You agree to delete data or change their use, in case a subject changes or withdraws their consent.

Citation: