NAP
Legal

Privacy Statement

1. Identity

Responsible for this website is Naivi Service B.V., with registered office at Contactweg 47, 1014 AN Amsterdam, and hereafter referred to as Naivi. Naivi can be contacted via info@.nosp@m.naiv.nosp@m.i.nl.

2. Purpose

This privacy statement explains how Naivi uses personal data of visitors of its website (hereafter: the website) and of buyers of products of Naivi including software.

3. Consent

By visiting the website and supplying personal data to the website you agree to the terms and conditions set forth in this privacy statement.

4. Processed personal data

Naivi may collect and record the following data provided by visitors:

  • e-mail address
  • IP address
  • invoice information
  • business address

5. Purposes of processing personal data

Your personal data are included in one or several data files and may be used for the following purposes:

  • to update you on new versions of NAP Framework
  • answering your questions
  • statistical purposes The data will not be used for any purpose other than those set out above.

6. Third parties

Personal data will never be provided to third parties by Naivi unless: it is necessary in connection with the execution of the agreement and/or delivery and returns of the requested services or products we are obliged to do so legally.

7. Access, correction and removal

You have the right to request information about the personal data Naivi hold on you at any time (free of charge once a year). If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed. We cannot remove your data if there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as the fulfilment of our agreement, e.g. unsettled debts. You can contact Naivi by sending an email to info@.nosp@m.naiv.nosp@m.i.nl.

8. Security and storage period

Naivi has taken technical and organisational measures to protect your data from loss, manipulation, unauthorised access. Naivi continually adapts its security measures in line with technological progress and developments. Naivi does not retain data longer than:

  • legally permitted;
  • legally required;
  • legally necessary for the purposes for which the data is processed. How long certain data is stored depends on the nature of the data and the purposes for which it is processed. The storage period can therefore differ per goal.

9. Use of cookies

The website uses cookies. Cookies are small text files that the internet browser installs on the visitor’s computer. Via this website, the following types of cookies can be installed:

A. Cookies for website analysis. The website can use Google Analytics, a web analysis service that is offered by Google Inc. (“Google”). Google Analytics uses cookies to help analyse how visitors use the website. The information that the cookie generates regarding the use of the website (including visitors IP-address) is transferred to and stored by Google on servers in the United States. Google uses this information to keep track of how the website is being used, to prepare reports regarding website activity and to offer other services regarding website activity and Internet use. Google is entitled to supply this information to third parties if Google is required to do so by law, or to the extent that these third parties process the information on Google’s behalf. Google will not combine IP-addresses with other data that Google has.

10. Blocking cookies

Visitors can set their Internet browser in such a way that they receive a warning when a cookie is being installed. They can also fully block the installation of cookies.

11. Questions

Questions regarding this privacy policy can be submitted to Naivi by post or by e-mail via info@.nosp@m.napf.nosp@m.ramew.nosp@m.ork..nosp@m.com

Terms Of Use

These Terms of Use constitute an agreement between You and Naivi. These Terms of Use describe the terms and conditions under which You can use the Services and Software provided by Naivi.

1. Definitions

1.1 In these Terms of Use, the following terms shall have the meanings set out below unless the context requires otherwise:

- License: the License is concluded via the Subscription Form at https://www.napframework.com and gives You the right to use the Software and/or the Services pursuant to the Terms of Use;

- License Types: the License Types as described in Appendix A

- Naivi: NAP, NAP Framework, New Amsterdam Platform, Naivi, Naivi Services B.V.

- Services: means all services made available by Naivi on the Website or otherwise, including the Software, but not limited to the Software

- Software: NAP Framework version 0.3 and all software, software platforms and packages made available by or on behalf of Naivi on the Website or otherwise, including updates and upgrades within NAP Framework version 0.3 as well as accompanying manual(s), and other written, files, online materials or documentation, and any and all copies of such software and its materials;

- Subscription Form: the electronic form on the Website. See https://www.napframework.com/download

- Terms of Use: these terms of use

- Website: https://www.napframework.com/ 

- You: you, being user of the Services
  1. - 2.1 The License is concluded after the Subscription Form has been completed and sent to Naivi.

3. Applicability of Terms of Use

- 3.1 Your use of the Services is subject to the terms and conditions set forth in these Terms of Use. By concluding a License, installing, using or accessing the Software or the Services or any part thereof, You accept the terms of these Terms of Use. If You do not accept the terms of these Terms of Use, do not conclude a License, install, use or access the Software or the Services.

- 3.2 Naivi is entitled to amend the terms of this Terms of Use from time to time. The most recent terms are published on https://www.napframework.com/doxygen/de/d54/legal.html. Naivi will inform You of such amendments. If You do not accept such amendments, You must notify Naivi thereof in writing within four weeks after the date on which You have been informed of such amendments. Following such notification, Naivi may, in its sole discretion, decide to terminate the agreement with You or to continue the agreement under the former version of the terms thereof. If You do not notify Naivi timely of Your non-acceptance, You will be deemed to have accepted the amendments and will be unconditionally bound to the amended terms of the agreement.

4. The Services

- 4.1 The Services will be provided under Naivi’s obligation to perform to its commercially reasonable efforts, and Naivi’s obligations hereunder constitute a “inspanningsverbintenis” pursuant to Dutch law. Nothing herein can be construed as an obligation or a guarantee by Naivi that a certain result will be established or guaranteed. The Services are provided to You ‘as is’. Naivi does not guarantee that the Services will be provided without interruptions, errors or defects or that all errors and defects will always be fixed. Naivi does not make, and disclaim, any and all express or implied warranties, including the implied warranties of condition, error-free or uninterrupted use, accuracy of data, compatibility, interoperability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or that any errors or defects in the Services will be corrected. 

- 4.2 Your use of the Services is at Your sole risk unless set out herein otherwise explicitly.

- 4.3 Naivi shall at all times be entitled, but will never be obliged, to update, upgrade and/or to adapt the Services, or to change or remove the Services data or information stored through the Services.

- 4.4 You shall be responsible for the data and other results processed by You through the use of the Services. You guarantee that the data and other results are not illegal and do not infringe the rights of third parties. You indemnify Naivi against claims by third parties, of whatever nature, in relation to this data and other results or the use of the Services.

5. License

- 5.1 The Software is licensed, not sold, assigned or transferred. Naivi grants You a personal, non-exclusive license to install, use the Software on one device for one project. For the avoidance of doubt, if You wish to use the Software for a second project, a second License must me concluded.

- 5.2 The Software is provided to Licensee subject to specific terms and conditions that further define the scope of Licensee's permitted installation of Licenses and Use of the Software based on the type of license granted ("License Type"). The License Types, and the terms and conditions applicable to each License Type, are set out in Appendix A to this Agreement. Licensee must not, and must not attempt to, install any License(s) or Use the Software outside of the scope of the License Type that applies to the License(s) issued to Licensee. Any actual or attempted installation of Licenses or Use of the Software outside of the scope of the applicable License Type is a breach of this Agreement and an infringement of the rights of Naivi.

- 5.3 The rights granted herein are subject to Your compliance with these Terms of Use.

- 5.4 The License is limited to the intellectual property rights of Naivi in the Software and does not include any other rights, including intellectual property rights.

- 5.5 All rights not expressly granted to You herein are reserved by Naivi. Naivi retains all its rights, titles and interest in and to the Software and the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes and moral rights whether registered or not and all applications thereof.

- 5.6 Unless insofar expressly authorized by mandatory legislation, You will not, without prior written consent from Naivi or as set forth herein otherwise; (i) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any copies thereof; (ii) copy, reproduce or distribute the Software in any manner or medium, in whole or in part; (iii) make the Software publicly available or available on a network for use or download by multiple users; (iv) remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of the origin or source in the Software; (v) alter, modify, enhance, or create a derivative work of the Software.

- 5.7 If Licensee violates any of the license clauses set out in the previous sub clause of clause 5, it shall pay Naivi an immediately payable fine of EUR 5,000.00 per violation and subsequently EUR 1,000.00 for each day or part thereof the violation continues, up to a maximum of EUR 50,000.00 per violation, notwithstanding Naivi’s right to additionally claim compensation of its full damages suffered and notwithstanding Naivi’s right to claim performance of the obligations and conditions in this agreement.

6. Fees and payment

- 6.1 Fees are based upon, among other things: (i) the applicable License Type; (ii) the characteristics of Licensee; and (iii) the number of authorized Licenses, whether or not the Licenses are used. All fees are payable in full, without deduction or offset, upon purchase of the Entitlements or Licenses unless otherwise agreed by the parties, unless Naivi agrees to invoice Licensee, in which case the applicable fees are payable within the period set out in the invoice (and if no period is set out in the invoice, within thirty (30) days of the date on which Licensee receives the invoice). All fees are non-cancelable and non-refundable. Naivi may suspend Use of the Software, without liability to Naivi, in the event that any amounts payable by Licensee are past due or Licensee is otherwise in breach of this Agreement. Entitlements and Licenses for certain License Types may be provided free of charge.

- 6.2 All fees are exclusive of any Taxes. If Naivi has a legal obligation to pay or collect Taxes, the appropriate amount shall be invoiced to and paid by Licensee, unless Licensee provides Naivi with an acceptable tax exemption certificate issued by the appropriate taxing authority.

7. Updates and upgrades

- 7.1 Naivi will be entitled, but can never be held, to provide updates and upgrades of the Software.

8. Created Results

- 8.1 The Services allow You to build Your own application.

- 8.2 If Naivi is of the opinion that Your use of the Services may infringe upon any rights of third parties, Naivi may at its sole discretion decide to cease or have ceased Your use of the Software or the Services.

9. Warranties, liability and indemnity

- 9.1 Naivi will not be liable for any damages and losses, including special, incidental, consequential or exemplary damages, including but not limited to loss of opportunity or lost profits, loss of goodwill and property damage and all damages and losses that result from or are connected to software and/or hardware failure or malfunction, that result from or are connected to the License and/or the Services, including the possession, access, use or malfunction of the License and the Services, whether arising in tort (including negligence), contract or otherwise and whether or not Naivi has been advised of the possibility of such damages.

- 9.2 You agree and warrant that Your use of the Services will not infringe upon any and all rights of third parties, including but not limited to intellectual property rights, moral rights and privacy rights.

- 9.3 To the fullest extent permitted by law, You hereby agree to defend, indemnify and hold harmless Naivi for providing the Services to You from and against all damages, claims, costs, charges and expenses (including attorneys’ fees) arising out of Your use of the Services, including but not limited to the creation of works or having works produced.

10. Third party libraries

- 10.1 The Software does not contain or derivative with (any portion) of third party libraries, but the Software is designed to let You work with the following libraries (hereinafter: “Third Party Libraries”). These libraries are owned and operated by other companies with their own terms and provisions, which You can find here: 
    - assimp: http://assimp.sourceforge.net/main_license.html
    - ffmpeg: https://www.ffmpeg.org/legal.html
    - freeimage: http://freeimage.sourceforge.net/license.html
    - etherdream: https://github.com/tgreiser/etherdream/blob/master/LICENSE
    - glew: https://github.com/nigels-com/glew#copyright-and-licensing
    - glm: https://glm.g-truc.net/copying.txt
    - libartnet: https://github.com/OpenLightingProject/libartnet
    - mpg123: https://github.com/dominictarr/mpg123/blob/master/LICENSE
    - nanosvg: https://github.com/memononen/nanosvg/blob/master/LICENSE.txt
    - oscpack: http://www.rossbencina.com/code/oscpack
    - portaudio: http://www.portaudio.com/license.html
    - pybind11: https://github.com/pybind/pybind11/blob/master/LICENSE
    - python: https://docs.python.org/3/license.html
    - rapidjson: https://github.com/Tencent/rapidjson/blob/master/license.txt
    - rtmidi: https://github.com/thestk/rtmidi
    - rttr: http://www.rttr.org/license
    - sdl2: https://www.libsdl.org/license.php
    - yoctopuce: https://www.yoctopuce.com/EN/cg.php
    - moodycamel: https://github.com/cameron314/concurrentqueue
    - websocketpp: https://github.com/zaphoyd/websocketpp
    - serial: https://github.com/wjwwood/serial
    - freetype: https://www.freetype.org/
    - asio: https://think-async.com/Asio/
    - sqlite: https://www.sqlite.org/index.html

- 10.2 Naivi will not be liable for any damages and losses including special, incidental, consequential or exemplary damages, including but not limited to loss of opportunity or lost profits, loss of goodwill and property damage and all damages and losses that result from or are connected to software and/or hardware failure or malfunction, that result from these Third Party Libraries that work with the Software, including the possession, access, use or malfunction of the Third Party Libraries working with the Software.

- 10.3 Naivi cannot provide support for these Third Party Libraries. If You have a question regarding the use of any of these Third Party Libraries, You should contact the Third Party Library itself.

11. Term and Termination

- 11.1 The term of Your License shall commence on the date that You subscribe via the form on the Website. The term of the License is 365 days. Without notice the License will automatically renew after 365 days with another 365 days. Your License shall end on the earlier of: (i) when You send Naivi a written notice to support@napframework.com 30 days before the end of the agreement (ii) Your attempt to circumvent any technical protection measures used in connection with the Services; (iii) Your use of the Services in breach of the terms of these Terms of Use otherwise; or (iv) Naivi’s termination of the License.

- 11.2 Promptly upon termination, You must cease all use of the Services and remove and destroy all copies of the Software in Your possession or control.

12. Privacy Policy

- 12.1 By installing, using or accessing the Software or the Services or any parts thereof, You accept the terms of Naivi’s privacy policy as amended from time to time, which is available at https://www.napframework.com/doxygen/de/d54/legal.html. Naivi’s privacy policy defines how, why and to which extent Naivi collects and uses personal and non-personal information in relation to Naivi’s products and Services.

13. Miscellaneous

- 13.1 These Terms of Use represents the complete agreement between You and Naivi in relation to the Software and the Services and supersedes all prior agreements and representations regarding the use of the Software and the Services for the one device and one project as stated in clause 5.1 of this agreement. It may be amended only by a written document executed by You and Naivi.

- 13.2 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it legal, valid or enforceable and the remaining provisions of these Terms of Use shall not be affected.

14. Applicable law and competent court

- 14.1 To the extent legally permitted these Terms of Use and any agreements and obligations arising therefrom shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising under this Terms of Use and any agreements and obligations arising therefrom will be submitted to the jurisdiction of the courts of Amsterdam, the Netherlands.

If you have any questions concerning these Terms of Use, you may contact info@.nosp@m.napf.nosp@m.ramew.nosp@m.ork..nosp@m.com.