Non-Commercial Data License Agreement

You have requested to download a dataset through our website which is governed by this Data License
Agreement (the “Agreement“). This Agreement is made and entered into effect by and between
DataGen Technologies Ltd., a company incorporated under the laws of Israel, with offices located
at 28 Haarba’a St., Tel-Aviv, Israel, (“DataGen“) and you, as a Licensee (the “Licensee“).


By clicking the “I Accept” checkbox, you are providing DataGen: (a) your consent to
obtain and process your contact information; (b) your acknowledgment that you have read and
agreed to the terms of the Agreement; and (c) your consent to the Agreement’s terms, which
constitute a legally binding agreement between you and DataGen.

1.             Definitions.

·               “Computational Use” means Licensee analysis (through the use of computational devices or otherwise) or other interpretation of Data, including but without limitation, the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.

·               “Data” means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by DataGen, to which rights are granted under this Agreement.

·               “Entity” means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity.  For the purposes of this definition, “control” means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.

·               “Publish” means to make all or a subset of Data available in any manner which enables its Use, including by providing a copy on physical media or remote access.  For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity’s behalf.  A “Publication” occurs each time the Licensee Publish Data.

·               “Use” means using Data, including accessing, processing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it, either by machines or humans, or a combination of both.

2.             For non-commercial and scientific research purposes.

The Licensee shall read carefully the following terms and conditions and any accompanying documentation before the Licensee downloads and/or Uses the Data. By downloading and/or Using the Data, the Licensee acknowledges that Licensee has read these terms and conditions, understands them, and agrees to be bound by them. If the Licensee does not agree with these terms and conditions, Licensee must not download and/or Use the Data.

3.             Ownership.

The Data has been developed by DataGen and is and shall remain the sole property of DataGen. For the avoidance of doubt, all rights, title and interest in and to the Data or any developments, techniques, inventions, enhancements and improvements, methods, know-how, processes, formulae, data, patents, patent applications and all patentable materials, models, design patents, trade secrets, trademarks, copyrights and all other proprietary rights, shall belong exclusively to DataGen.

4.             License Grant.

To Use the provided Data, DataGen grants the Licensee a non-exclusive, non-transferable, free of charge right:

·               To Use the Data on computers owned, leased or otherwise controlled by the Licensee and/or Licensee’s organization;

·               To Use the Data for the sole purpose of performing non-commercial scientific research.

Any other Use, in particular any Use for commercial purposes, is prohibited. This includes, without limitation, (i) incorporation in a commercial product, Use in a commercial service, or production of other artifacts for commercial purposes including, for example, 3D models, movies, or video games; (ii) copy, distribution, sublicensing, rent, lease, transfer, circumvent, interfere with or remove any authentication or registration key, decompile, reverse engineering, disassemble or otherwise attempt to derive source code; (iii) disseminate, distribute, disclose, or copy any printed documentation relating to this Agreement; (iv) the Data may not be reproduced, modified and/or made available in any form to any third party without DataGen’s prior written permission; (v) the Data may further not be used to create fake, libelous, misleading, or defamatory content of any kind excluding analyses in peer-reviewed scientific research.

5.             No Distribution.

Without derogating from the foregoing, the Data and the license herein granted shall not be copied, shared, distributed, re- distributed, re-sold, offered for re-sale, transferred, re-posted or sub-licensed in whole or in part except that the Licensee may make one copy for archive purposes only.

6.             Disclaimer of Representations and Warranties.

Licensee expressly acknowledges and agrees that the Data results from basic research, is provided “AS IS”, may contain errors, and that any Use of the Data is at Licensee’s sole risk. DATAGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE DATA, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT.

Specifically, and not to limit the foregoing, DataGen makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of the Data, (ii) that the Use of the Data will not infringe any patents, copyrights or other intellectual property rights of a third party, and (iii) that the Use of the Data will not cause any damage of any kind to the Licensee or a third party.

7.             Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL DATAGEN BE LIABLE TO THE LICENSEE IN EXCESS OF AMOUNTS DATAGEN HAS ACTUALLY RECEIVED FROM LICENSEE, AND IN ANY EVENT DATAGEN SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

8.             No Maintenance Services.

Licensee understands and agrees that DataGen is under no obligation to provide either maintenance services, update services, notices of latent defects, or corrections of defects with regard to the Data. DataGen nevertheless reserves the right to update, modify, or discontinue the Data at any time.

9.             Publications using the Data.

9.1       If the Licensee Uses or Publishes the Data, the Licensee agrees to display the following acknowledgment:

This research utilizes data provided by DataGen Technologies Ltd.

 9.2      If the Licensee Uses or Publishes the Data, the Licensee agrees to use the following citation format:

@ARTICLE {,
author = “Roey Ron and Gil Elbaz”,
title = “SO-HD: Exact Object High-Distraction Synthetic Dataset”,
journal = “arXiv”,
year = “2020”
}

10.          Termination.

All of the Licensee’s rights under this Agreement will terminate, and Licensee’s right to Use or Publish the Data will be revoked or modified if the Licensee materially fail to comply with the terms and conditions of this Agreement and Licensee does not cure such failure in a reasonable period of time after becoming aware of such noncompliance.  If Licensee’s rights under this Agreement terminate, Licensee agrees to cease Use and Publication of Data.  However, Licensee’s obligations and any rights and permissions granted by the Licensee under this Agreement relating to Data that Licensee Published prior to such termination will continue and survive.