Tensorlab+ - Software License Agreement This Software was developed in the research group STADIUS, Dept. of Electrical Engineering (ESAT), and is owned by KU Leuven (hereinafter referred to as "KU LEUVEN"). Article 1 - Definitions 1.1 "Software" shall mean KU LEUVEN's software described in Annex A. 1.2 "Effective Date" shall mean the date on which you download the Software and associated files on your system. 1.3 "Academic User" shall mean a user of Software: who is employed by, or a student enrolled at, or a scientist legitimately affiliated with an academic, non-profit or government institution; and whose use of the Software is on behalf of and in the interest of such academic, non-profit or government institution and is not on behalf of a commercial entity. Article 2 - License 2.1 As long as you qualify as an Academic User, KU LEUVEN hereby grants you a royalty-free, non-exclusive, non-transferable, time limited license to the Software supplied by KU LEUVEN for internal, non-commercial research use only. You acknowledge and agree that you may not use the Software for commercial purpose without first obtaining a commercial license from KU LEUVEN. 2.2 For the purposes of this Agreement "use for commercial purposes" shall include the use or transfer of the Software for a consideration as well as the use of the Software to support commercial activities including providing services with the Software to third parties. Any use of Software for commercial purposes without first obtaining a license from KU LEUVEN shall be deemed a breach of this Agreement for which KU LEUVEN shall be entitled to whatever remedies it may have under law or equity, including recovery of consequential damages. 2.3 You shall not sublicense any of your rights to the Software. Neither will you transfer the Software to a third party, unless prior written agreement of KU LEUVEN has been obtained. 2.4 This Agreement does not grant or imply any right, title or license into or under any third party software (including but not limited to e.g., MATLAB software) or intellectual property rights relating thereto. Article 3 - Ownership The Software is copyrighted and KU LEUVEN retains all title and ownership to the Software. Nothing in this Agreement shall preclude KU LEUVEN from entering into agreements with third parties concerning the Software. Improvements or modifications of the Software may not be distributed without obtaining a prior written agreement of KU LEUVEN. Article 4 - Publication You shall acknowledge KU LEUVEN as the provider of the Software and shall cite the references listed in Annex A in any manuscript describing data obtained using the Software. Article 5 - No Support This license does not entitle you to receive from KU LEUVEN technical support, telephone assistance, or enhancements or updates to the Software. Any support that may be given by the authors of the Software on voluntary basis is provided "as is" and KU LEUVEN makes no representations or warranties of any type whatsoever, express or implied, regarding the provided support. Article 6 - Warranty 6.1 The Software is provided "as is" by KU LEUVEN without warranty of any kind, whether express or implied. KU LEUVEN specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or that the use of the Software will not infringe any patents, copyrights or trademarks or other rights of third parties. The entire risk as to the quality and performance of the Software is borne by you. 6.2 KU LEUVEN shall not be responsible for any loss, direct or indirect damage or other liability incurred by you or any third party in connection with the Software licensed by KU LEUVEN under this Agreement. Under no circumstances shall KU LEUVEN be liable for any direct, indirect, special, incidental, or consequential damages arising out of any performance of this Agreement, whether such damages are based on contract, tort or any other legal theory. You shall defend, indemnify and hold harmless KU LEUVEN from all losses, damages, expenses, costs and other liabilities in connection with your use or disclosure of the Software. Article 7 - Indemnification You will indemnify, defend and hold harmless KU LEUVEN, its directors, officers, employees and agents from and against all liability, losses, damages and expenses (including attorney's fees and costs) arising out of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of or relating to any breach of this Agreement by you, or any use of the Software by you, except insofar as such claims or liability result from KU LEUVEN gross negligence or willful misconduct. Article 8 - Term 8.1 This Agreement is effective from the Effective Date for one year. This Agreement will terminate immediately without notice from KU LEUVEN if you fail to comply with any provision of this Agreement. 8.2 In case of termination the provisions of Article 3, 6, and 7 shall remain in full force and effect. 8.3 Upon termination you will delete all copies of Software and the attendant documentation. Article 9 - Miscellaneous 9.1 Any notice authorised or required to be given to KU LEUVEN under this Agreement shall be in writing and shall be deemed to be duly given if left at or sent by registered post. 9.2 The terms and conditions herein contained constitute the entire agreement between the Parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter thereof. Article 10 - Conflicts In the event of conflicts in the interpretation and/or performance of this Agreement, the parties shall first undertake to settle their differences amicably. If no amicable settlement can be reached concerning the execution and/or interpretation of this Agreement, such conflict shall be brought before the courts of Leuven and Belgian Law shall be applicable. Annex A: A.1 Description of the Software: The Software constitutes any software distributed as part of or pertaining to the MATLAB toolbox Tensorlab+ as made available online at https://www.tensorlabplus.net/. A.2 References: [1] S. Hendrikx, M. BoussĂ©, N. Vervliet, M. Vandecappelle, R. Kenis, and L. De Lathauwer, Tensorlabâș, Available online, Version of Feb 2022 downloaded from https://www.tensorlabplus.net.