.. _licenses: ======== Licenses ======== D-Wave Documentation ==================== Copyright |copy| D-Wave D-Wave Quantum Inc. (|dwave_short|), its subsidiaries and affiliates, makes commercially reasonable efforts to ensure that the information in this document is accurate and up to date, but errors may occur. NONE OF D-WAVE SYSTEMS INC., its subsidiaries and affiliates, OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS DOCUMENT OR ANY INFORMATION CONTAINED OR REFERRED TO IN IT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. |dwave_short| reserves the right to alter this document and other referenced documents without notice from time to time and at its sole discretion. |dwave_short| reserves its intellectual property rights in and to this document and its proprietary technology, including copyright, trademark rights, industrial design rights, and patent rights. |dwave_short| trademarks used herein include |dwave_short_tm|, |cloud_tm|, Ocean\ |tm|, |dwave_5kq_tm|, Advantage2\ |tm|, |dwave_2kq|\ |tm|, |dwave_short| 2X\ |tm|, |dwave_short| Learn\ |tm|, |dwave_short| Launch\ |tm|, and the |dwave_short| logos (the |dwave_short| Marks). Other marks used in this document are the property of their respective owners. |dwave_short| does not grant any license, assignment, or other grant of interest in or to the copyright of this document, the |dwave_short| Marks, any other marks used in this document, or any other intellectual property rights used or referred to herein, except as |dwave_short| may expressly provide in a written agreement. This document may refer to other documents, including documents subject to the rights of third parties. Nothing in this document constitutes a grant by |dwave_short| of any license, assignment, or any other interest in the copyright or other intellectual property rights of such other documents. Any use of such other documents is subject to the rights of |dwave_short| and/or any applicable third parties in those documents. .. raw:: html Creative Commons License
The documentation is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License Ocean: Open-source Packages =========================== Below are the open-source licenses for the SDK and its tools: dimod ----- .. include:: ../dimod/LICENSE dwavebinarycsp -------------- .. include:: ../dwavebinarycsp/LICENSE dwave-cloud-client ------------------ .. include:: ../dwave-cloud-client/LICENSE dwave-gate ---------- .. include:: ../dwave-gate/LICENSE dwave-hybrid ------------ .. include:: ../dwave-hybrid/LICENSE dwave-networkx -------------- .. include:: ../dwave-networkx/LICENSE.txt dwave-ocean-sdk --------------- .. include:: ../LICENSE dwave-optimization ------------------ .. include:: ../dwave-optimization/LICENSE dwave-preprocessing ------------------- .. include:: ../dwave-preprocessing/LICENSE dwave-samplers -------------- .. include:: ../dwave-samplers/LICENSE dwave-system -------------- .. include:: ../dwave-system/LICENSE minorminer ---------- .. include:: ../minorminer/LICENSE penaltymodel ------------ .. include:: ../penaltymodel/LICENSE Ocean Software: Non-open-source Packages ======================================== Ocean software also includes non-open-source packages you can optionally install with the following D-Wave end-user license agreements (EULAs): dwave-drivers ------------- COPYRIGHT 2023 D-WAVE SYSTEMS INC. ("D-WAVE") All Rights Reserved. End-User License Agreement (“EULA”) This software (the “Software”) is licensed as follows: In order to use the Software, Licensee must first agree to this EULA. Licensee may not use the Software if Licensee does not accept this EULA. LICENSE. Upon Licensee's agreement to be bound by the terms of this EULA and subject to the terms of this EULA and Licensee's compliance with same, D-Wave grants to Licensee a limited, non-exclusive, non-transferable, non-sublicensable copyright license to use the Software solely for Licensee's internal product development purposes. Licensee may allow only its then current employees to use the Software as permitted by this EULA; but may not allow any other persons to use the Software. OWNERSHIP. Except for the limited license rights expressly granted to Licensee hereunder, D-Wave and its suppliers retain all right, title and interest in the Software (including any copies that Licensee makes in accordance with this EULA), including any rights under the patent, trademark, copyright, trade secrets and other intellectual property laws, and this EULA does not grant to Licensee any intellectual property rights in the Software. D-Wave reserves all rights not expressly granted to Licensee in this EULA. NO SUPPORT. D-Wave is not obligated to provide any technical or other support for the Software to Licensee. THIRD PARTY SOFTWARE APPLICATIONS AND DATA SERVICES. Portions of the Software may utilize or include third party software and other copyrighted material ("Third Party Software"). Licensee's use of such Third Party Software is governed by such the acknowledgements, licensing terms and disclaimers associated with such Third Party Software. The Software may interoperate with and allow Licensee to use software applications, information and data not developed or offered by D-Wave ("Third Party Information"). Licensee's use of any Third Party Software or Third Party Information is governed by the terms and conditions made available to Licensee by the party from whom Licensee obtained such information. Neither Third Party Software nor Third Party Information is the responsibility of D-Wave, and LICENSEE'S USE OF THIRD PARTY SOFTWARE OR THIRD PARTY INFORMATION IS AT LICENSEE'S OWN RISK. D-WAVE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THIRD PARTY SOFTWARE OR THIRD PARTY INFORMATION. NO WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE MAY INCLUDE THIRD PARTY COMPONENTS NO LONGER AVAILABLE OR DEPRECATED THAT MAY BE INCOMPATIBLE WITH THE SOFTWARE. THE SOFTWARE IS MADE AVAILABLE TO THE LICENSEE ON AN "AS-IS" BASIS AND WITH ALL FAULTS. D-WAVE MAKES NO WARRANTY OR REPRESENTATION AS TO THE USE OR PERFORMANCE OF THE SOFTWARE OF ANY KIND. EXCEPT TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED AND/OR LIMITED UNDER APPLICABLE LAW, D-WAVE DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS, AND DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), WITH RESPECT TO THE SOFTWARE, ITS USE, PERFORMANCE OR APPLICATION, OR ANY INFORMATION PROVIDED REGARDING THE SOFTWARE. D-WAVE PROVIDES NO TECHNICAL SUPPORT OR REMEDIES FOR THE SOFTWARE. LIMITATION OF LIABILITY. D-WAVE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY AND NOTWITHSTANDING THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE MAXIMUM LIABILITY OF D-WAVE TO LICENSEE SHALL IN ANY EVENT NOT EXCEED THE LESSER OF (A) THE SUM OF THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE; OR (B) CAD$250. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS NOT DESIGNED, INTENDED, AUTHORIZED OR SUITABLE FOR USE IN ANY TYPE OF SYSTEM, APPLICATION, SITUATION OR ENVIRONMENT WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, MEDICAL SYSTEMS OR WEAPONS SYSTEMS AND THAT LICENSEE WILL NOT USE THE SOFTWARE IN SUCH SYSTEM, APPLICATION, SITUATION OR ENVIRONMENT. INDEMNIFICATION. To the maximum extent permitted by law, Licensee agrees to defend, indemnify and hold harmless D-WAVE, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) Licensee's use of the Software, (b) any application Licensee develops using the Software that infringes or violates any right of any person or defames any person, and (c) any non-compliance by Licensee with this EULA. TERMINATION. This EULA is effective from the date on which the Software is installed or used by Licensee until terminated. This EULA will terminate automatically without notice from D-Wave if Licensee fails to comply with any provision of this EULA or if D-Wave is required to do so by law. If Licensee commences or participates in any legal proceeding against D-Wave, then D-Wave may, in its sole discretion, suspend or terminate this EULA during the pendency of such legal proceedings. Licensee may voluntarily terminate this EULA at any time by ceasing to use the Software. Upon termination of this EULA at any time and for any reason, Licensee will immediately discontinue any and all use of the Software, purge the Software from all computer systems, storage media and other files, including any back-up copy, and return to D-Wave the Software, and all copies thereof, or at the request of D-Wave, destroy the Software, and all copies thereof, and deliver to D-Wave certification that Licensee has complied with these termination obligations. If this EULA is terminated at any time and for any reason, Licensee will not be entitled to compensation of any kind, financial or otherwise. Assignment. Licensee may not assign its rights or delegate its obligations under this EULA without the prior written consent of D-Wave, which consent may be withheld in the sole discretion of D-Wave. D-Wave may assign its rights or delegate its obligations under this EULA to any person in its sole discretion. This EULA shall be binding on and inure to the benefit of the parties and their successors and permitted assigns. dwave-inspector --------------- COPYRIGHT 2023 D-WAVE SYSTEMS INC. ("D-WAVE") All Rights Reserved. End-User License Agreement (“EULA”) This software (the “Software”) is licensed as follows: In order to use the Software, Licensee must first agree to this EULA. Licensee may not use the Software if Licensee does not accept this EULA. LICENSE. Upon Licensee's agreement to be bound by the terms of this EULA and subject to the terms of this EULA and Licensee's compliance with same, D-Wave grants to Licensee a limited, non-exclusive, non-transferable, non-sublicensable copyright license to use the Software solely for Licensee's internal product development purposes. Licensee may allow only its then current employees to use the Software as permitted by this EULA; but may not allow any other persons to use the Software. OWNERSHIP. Except for the limited license rights expressly granted to Licensee hereunder, D-Wave and its suppliers retain all right, title and interest in the Software (including any copies that Licensee makes in accordance with this EULA), including any rights under the patent, trademark, copyright, trade secrets and other intellectual property laws, and this EULA does not grant to Licensee any intellectual property rights in the Software. D-Wave reserves all rights not expressly granted to Licensee in this EULA. NO SUPPORT. D-Wave is not obligated to provide any technical or other support for the Software to Licensee. THIRD PARTY SOFTWARE APPLICATIONS AND DATA SERVICES. Portions of the Software may utilize or include third party software and other copyrighted material ("Third Party Software"). Licensee's use of such Third Party Software is governed by such the acknowledgements, licensing terms and disclaimers associated with such Third Party Software. The Software may interoperate with and allow Licensee to use software applications, information and data not developed or offered by D-Wave ("Third Party Information"). Licensee's use of any Third Party Software or Third Party Information is governed by the terms and conditions made available to Licensee by the party from whom Licensee obtained such information. Neither Third Party Software nor Third Party Information is the responsibility of D-Wave, and LICENSEE'S USE OF THIRD PARTY SOFTWARE OR THIRD PARTY INFORMATION IS AT LICENSEE'S OWN RISK. D-WAVE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THIRD PARTY SOFTWARE OR THIRD PARTY INFORMATION. NO WARRANTY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE MAY INCLUDE THIRD PARTY COMPONENTS NO LONGER AVAILABLE OR DEPRECATED THAT MAY BE INCOMPATIBLE WITH THE SOFTWARE. THE SOFTWARE IS MADE AVAILABLE TO THE LICENSEE ON AN "AS-IS" BASIS AND WITH ALL FAULTS. D-WAVE MAKES NO WARRANTY OR REPRESENTATION AS TO THE USE OR PERFORMANCE OF THE SOFTWARE OF ANY KIND. EXCEPT TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED AND/OR LIMITED UNDER APPLICABLE LAW, D-WAVE DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS, AND DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), WITH RESPECT TO THE SOFTWARE, ITS USE, PERFORMANCE OR APPLICATION, OR ANY INFORMATION PROVIDED REGARDING THE SOFTWARE. D-WAVE PROVIDES NO TECHNICAL SUPPORT OR REMEDIES FOR THE SOFTWARE. LIMITATION OF LIABILITY. D-WAVE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY AND NOTWITHSTANDING THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE MAXIMUM LIABILITY OF D-WAVE TO LICENSEE SHALL IN ANY EVENT NOT EXCEED THE LESSER OF (A) THE SUM OF THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE; OR (B) CAD$250. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS NOT DESIGNED, INTENDED, AUTHORIZED OR SUITABLE FOR USE IN ANY TYPE OF SYSTEM, APPLICATION, SITUATION OR ENVIRONMENT WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, MEDICAL SYSTEMS OR WEAPONS SYSTEMS AND THAT LICENSEE WILL NOT USE THE SOFTWARE IN SUCH SYSTEM, APPLICATION, SITUATION OR ENVIRONMENT. INDEMNIFICATION. To the maximum extent permitted by law, Licensee agrees to defend, indemnify and hold harmless D-WAVE, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) Licensee's use of the Software, (b) any application Licensee develops using the Software that infringes or violates any right of any person or defames any person, and (c) any non-compliance by Licensee with this EULA. TERMINATION. This EULA is effective from the date on which the Software is installed or used by Licensee until terminated. This EULA will terminate automatically without notice from D-Wave if Licensee fails to comply with any provision of this EULA or if D-Wave is required to do so by law. If Licensee commences or participates in any legal proceeding against D-Wave, then D-Wave may, in its sole discretion, suspend or terminate this EULA during the pendency of such legal proceedings. Licensee may voluntarily terminate this EULA at any time by ceasing to use the Software. Upon termination of this EULA at any time and for any reason, Licensee will immediately discontinue any and all use of the Software, purge the Software from all computer systems, storage media and other files, including any back-up copy, and return to D-Wave the Software, and all copies thereof, or at the request of D-Wave, destroy the Software, and all copies thereof, and deliver to D-Wave certification that Licensee has complied with these termination obligations. If this EULA is terminated at any time and for any reason, Licensee will not be entitled to compensation of any kind, financial or otherwise. Assignment. Licensee may not assign its rights or delegate its obligations under this EULA without the prior written consent of D-Wave, which consent may be withheld in the sole discretion of D-Wave. D-Wave may assign its rights or delegate its obligations under this EULA to any person in its sole discretion. This EULA shall be binding on and inure to the benefit of the parties and their successors and permitted assigns. Documentation Build =================== NumPy ----- The `Sphinx conf.py `_ file used to build the SDK documentation contains some modified code from https://github.com/numpy/numpy/blob/main/doc/source/conf.py, which is licensed under the BSD 3-Clause "New" or "Revised" license: Copyright (c) 2005-2021, NumPy Developers. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the NumPy Developers nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. sphinx-panels ------------- The documentation also uses `sphinx-panels `_ which is licensed under the MIT license: MIT License Copyright (c) 2020 Executable Books Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.