From bda686d4cb32e8295b483bb14d205cbc56a1a65a Mon Sep 17 00:00:00 2001 From: Alex Blasche Date: Fri, 8 Jun 2018 08:58:58 +0200 Subject: Cleanup the licenses and their names for the release Commercial Preview license is replaced by commercial license. Change-Id: I78ba84e7ffb3d0b6899f3b6d67ce15330d428f27 Reviewed-by: Alexandru Croitor --- LICENSE.COMMERCIAL | 914 +++++++++++++++++++++++++++++++++++++++++++++ LICENSE.GPL3 | 674 --------------------------------- LICENSE.GPL3-EXCEPT | 704 ---------------------------------- LICENSE.GPLv3 | 686 ++++++++++++++++++++++++++++++++++ LICENSE.GPLv3-EXCEPT | 704 ++++++++++++++++++++++++++++++++++ LICENSE.LGPL3 | 165 -------- LICENSE.LGPLv3 | 177 +++++++++ LICENSE.PREVIEW.COMMERCIAL | 626 ------------------------------- 8 files changed, 2481 insertions(+), 2169 deletions(-) create mode 100644 LICENSE.COMMERCIAL delete mode 100644 LICENSE.GPL3 delete mode 100644 LICENSE.GPL3-EXCEPT create mode 100644 LICENSE.GPLv3 create mode 100644 LICENSE.GPLv3-EXCEPT delete mode 100644 LICENSE.LGPL3 create mode 100644 LICENSE.LGPLv3 delete mode 100644 LICENSE.PREVIEW.COMMERCIAL diff --git a/LICENSE.COMMERCIAL b/LICENSE.COMMERCIAL new file mode 100644 index 000000000..5dcd1f6fc --- /dev/null +++ b/LICENSE.COMMERCIAL @@ -0,0 +1,914 @@ +QT LICENSE AGREEMENT Agreement version 4.0 + +This License Agreement (“Agreement”) is a legal agreement between The Qt +Company (as defined below) and the Licensee (as defined below) for the license +of Licensed Software (as defined below). 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The records +shall conform to good accounting practices reasonably acceptable to The Qt +Company. + +Licensee shall, within thirty (30) days from receiving The Qt Company’s request +to that effect, deliver to The Qt Company a report on Licensee’s usage of +Licensed Software, such report to copies of Redistributables distributed by +Licensee during that calendar quarter, and also detailing the number of +undistributed copies of Redistributables made by Licensee and remaining in its +account contain information, in sufficient detail, on (i) amount of users +working with Licensed Software, (ii) copies of Redistributables distributed by +Licensee during that calendar quarter, (iii) number of undistributed copies of +Redistributables and corresponding number of unused Distribution Licenses +remaining on Licensee’s account, and (iv) any other information as The Qt +Company may reasonably require from time to time. + +11.2. The Qt Company’s Audit Rights + +The Qt Company or an independent auditor acting on behalf of The Qt Company’s, +may, upon at least five (5) business days’ prior written notice and at its +expense, audit Licensee with respect to the use of the Redistributables, but +not more frequently than once during each 6-month period. Such audit may be +conducted by mail, electronic means or through an in-person visit to Licensee’s +place of business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably interfere +with Licensee's business activities. The Qt Company or the independent auditor +acting on behalf of The Qt Company shall be entitled to inspect Licensee’s +Records. All such Licensee’s Records and use thereof shall be subject to an +obligation of confidentiality under this Agreement. + +If an audit reveals that Licensee is using the Licensed Software beyond scope +of the licenses Licensee has paid for, Licensee agrees to immediately pay The +Qt Company any amounts owed for such unauthorized use. + +In addition, in the event the audit reveals a material violation of the terms +of this Agreement (underpayment of more than 5% of License Fees shall always be +deemed a material violation for purposes of this section), then the Licensee +shall pay The Qt Company's reasonable cost of conducting such audit. + +12 TERM AND TERMINATION + +12.1 Term + +This Agreement shall enter into force upon due acceptance by both Parties and +remain in force for as long as there is any Development License(s) in force +(“Term”), unless and until terminated pursuant to the terms of this Section 12. + +12.2 Termination by The Qt Company + +The Qt Company shall have the right to terminate this Agreement upon thirty +(30) days prior written notice if the Licensee is in material breach of any +obligation of this Agreement and fails to remedy such breach within such notice +period. + +12.3 Mutual Right to Terminate + +Either Party shall have the right to terminate this Agreement immediately upon +written notice in the event that the other Party becomes insolvent, files for +any form of bankruptcy, makes any assignment for the benefit of creditors, has +a receiver, administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the jurisdiction of the +other Party. + +12.4 Parties´ Rights and Duties upon Termination + +Upon expiry or termination of the Agreement Licensee shall cease and shall +cause all Designated Users (including those of its Affiliates’ and +Contractors’) to cease using the Licensed Software and distribution of the +Redistributables under this Agreement. + +Notwithstanding the above, in the event the Agreement expires or is terminated: + +(i) as a result of The Qt Company choosing not to renew the Development +License(s) as set forth in Section 3.1, then all valid licenses possessed by +the Licensee at such date shall be extended to be valid in perpetuity under the +terms of this Agreement and Licensee is entitled to purchase additional +licenses as set forth in Section 10.2; or + +(ii) for reason other than by The Qt Company pursuant to item (i) above or +pursuant to Section 12.2, then the Licensee is entitled, for a period of six +(6) months after the effective date of termination, to continue distribution of +Devices under the Distribution Licenses paid but unused at such effective date +of termination. + +Upon any such termination the Licensee shall destroy or return to The Qt +Company all copies of the Licensed Software and all related materials and will +certify the same to The Qt Company upon its request, provided however that +Licensee may retain and exploit such copies of the Licensed Software as it may +reasonably require in providing continued support to Customers. + +Expiry or termination of this Agreement for any reason whatsoever shall not +relieve Licensee of its obligation to pay any License Fees accrued or payable +to The Qt Company prior to the effective date of termination, and Licensee +shall immediately pay to The Qt Company all such fees upon the effective date +of termination. Termination of this Agreement shall not affect any rights of +Customers to continue use of Applications and Devices (and therein incorporated +Redistributables). + +12.5 Extension in case of bankruptcy + +In the event The Qt Company is declared bankrupt under a final, non-cancellable +decision by relevant court of law, and this Agreement is not, at the date of +expiry of the Development License(s) pursuant to Section 3.1, assigned to +party, who has assumed The Qt Company’s position as a legitimate licensor of +Licensed Software under this Agreement, then all valid licenses possessed by +the Licensee at such date of expiry, and which the Licensee has not notified +for expiry, shall be extended to be valid in perpetuity under the terms of +this Agreement. + +13. GOVERNING LAW AND LEGAL VENUE + +In the event this Agreement is in the name of The Qt Company Inc., a Delaware +Corporation, then: + +(i) this Agreement shall be construed and interpreted in accordance with the +laws of the State of California, USA, excluding its choice of law provisions; + +(ii) the United Nations Convention on Contracts for the International Sale of +Goods will not apply to this Agreement; and + +(iii) any dispute, claim or controversy arising out of or relating to this +Agreement or the breach, termination, enforcement, interpretation or validity +thereof, including the determination of the scope or applicability of this +Agreement to arbitrate, shall be determined by arbitration in San Francisco, +USA, before one arbitrator. The arbitration shall be administered by JAMS +pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the +Award may be entered in any court having jurisdiction. This Section shall not +preclude parties from seeking provisional remedies in aid of arbitration from a +court of appropriate jurisdiction. + +In the event this Agreement is in the name of The Qt Company Ltd., a Finnish +Company, then: + +(i) this Agreement shall be construed and interpreted in accordance with the +laws of Finland, excluding its choice of law provisions; + +(ii) the United Nations Convention on Contracts for the International Sale of +Goods will not apply to this Agreement; and + +(iii) any disputes, controversy or claim arising out of or relating to this +Agreement, or the breach, termination or validity thereof shall be shall be +finally settled by arbitration in accordance with the Arbitration Rules of +Finland Chamber of Commerce. The arbitration tribunal shall consist of one (1), +or if either Party so requires, of three (3), arbitrators. The award shall be +final and binding and enforceable in any court of competent jurisdiction. The +arbitration shall be held in Helsinki, Finland and the process shall be +conducted in the English language. This Section shall not preclude parties from +seeking provisional remedies in aid of arbitration from a court of appropriate +jurisdiction. + +14. GENERAL PROVISIONS + +14.1 No Assignment + +Except in the case of a merger or sale of substantially all of its corporate +assets, Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the prior written +consent of The Qt Company, which shall not be unreasonably withheld or delayed. +The Qt Company shall be entitled to freely assign or transfer any of its +rights, benefits or obligations under this Agreement. + +14.2 No Third Party Representations + +Licensee shall make no representations or warranties concerning the Licensed +Software on behalf of The Qt Company. Any representation or warranty Licensee +makes or purports to make on The Qt Company’s behalf shall be void as to The +Qt Company. + +14.3 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably should +survive termination of this Agreement shall so be deemed to survive. + +14.4 Entire Agreement + +This Agreement, the exhibits hereto, the License Certificate and any applicable +Purchase Order constitute the complete agreement between the Parties and +supersedes all prior or contemporaneous discussions, representations, and +proposals, written or oral, with respect to the subject matters discussed +herein. + +In the event of any conflict or inconsistency between this Agreement and any +Purchase Order, the terms of this Agreement will prevail over the terms of the +Purchase Order with respect to such conflict or inconsistency. + +Parties specifically acknowledge and agree that this Agreement prevails over +any click-to-accept or similar agreements the Designated Users may need to +accept online upon download of the Licensed Software, as may be required by +The Qt Company’s applicable processes relating to Licensed Software. + +14.5 Modifications + +No modification of this Agreement shall be effective unless contained in a +writing executed by an authorized representative of each Party. No term or +condition contained in Licensee's Purchase Order shall apply unless expressly +accepted by The Qt Company in writing. + +14.6 Force Majeure + +Except for the payment obligations hereunder, neither Party shall be liable to +the other for any delay or non-performance of its obligations hereunder in the +event and to the extent that such delay or non-performance is due to an event +of act of God, terrorist attack or other similar unforeseeable catastrophic +event that prevents either Party for fulfilling its obligations under this +Agreement and which such Party cannot avoid or circumvent (“Force Majeure +Event”). If the Force Majeure Event results in a delay or non-performance of a +Party for a period of three (3) months or longer, then either Party shall have +the right to terminate this Agreement with immediate effect without any +liability (except for the obligations of payment arising prior to the event of +Force Majeure) towards the other Party. + +14.7 Notices + +Any notice given by one Party to the other shall be deemed properly given and +deemed received if specifically acknowledged by the receiving Party in writing +or when successfully delivered to the recipient by hand, fax, or special +courier during normal business hours on a business day to the addresses +specified for each Party on the signature page. Each communication and document +made or delivered by one Party to the other Party pursuant to this Agreement +shall be in the English language. + +14.8 Export Control + +Licensee acknowledges that the Redistributables may be subject to export +control restrictions under the applicable laws of respective countries. +Licensee shall fully comply with all applicable export license restrictions +and requirements as well as with all laws and regulations relating to the +Redistributables and exercise of licenses hereunder and shall procure all +necessary governmental authorizations, including without limitation, all +necessary licenses, approvals, permissions or consents, where necessary for the +re-exportation of the Redistributables, Applications and/or Devices. + +14.9 No Implied License + +There are no implied licenses or other implied rights granted under this +Agreement, and all rights, save for those expressly granted hereunder, shall +remain with The Qt Company and its licensors. In addition, no licenses or +immunities are granted to the combination of the Licensed Software with any +other software or hardware not delivered by The Qt Company under this Agreement. + +14.10 Attorney Fees + +The prevailing Party in any action to enforce this Agreement shall be entitled +to recover its attorney’s fees and costs in connection with such action. + +14.11 Severability + +If any provision of this Agreement shall be adjudged by any court of competent +jurisdiction to be unenforceable or invalid, that provision shall be limited or +eliminated to the minimum extent necessary so that this Agreement shall +otherwise remain in full force and effect and enforceable. + + +IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, +have caused this Agreement to be executed by Licensee's authorized +representative installing the Licensed Software and accepting the terms +hereof in connection therewith. + + +Appendix 1 + +1. Parts of the Licensed Software that are permitted for distribution in +object code form only (“Redistributables”) under this Agreement: + +- The Licensed Software's Qt Essentials and Qt Add-on libraries +- The Licensed Software's configuration tool (“qtconfig”) +- The Licensed Software's help tool (“Qt Assistant”) +- The Licensed Software's internationalization tools (“Qt Linguist”, “lupdate”, +“lrelease”) +- The Licensed Software's QML (“Qt Quick”) launcher tool (“qmlscene” or +“qmlviewer”) +- The Licensed Software's installer framework +- Qt for Python (PySide2) + +2. Parts of the Licensed Software that are not permitted for distribution +include, but are not limited to: + +- The Licensed Software's source code and header files +- The Licensed Software's documentation +- The Licensed Software’s documentation generation tool (“qdoc”) +- The Licensed Software's tool for writing makefiles (“qmake”) +- The Licensed Software's Meta Object Compiler (“moc”) +- The Licensed Software's User Interface Compiler (“uic”) +- The Licensed Software's Resource Compiler (“rcc”) +- The Licensed Software's parts of the IDE tool (“Qt Creator”) +- The Licensed Software’s parts of the Design tools (“Qt 3D Studio” or “Qt +Quick Designer”) +- The Licensed Software's Emulator + diff --git a/LICENSE.GPL3 b/LICENSE.GPL3 deleted file mode 100644 index 94a9ed024..000000000 --- a/LICENSE.GPL3 +++ /dev/null @@ -1,674 +0,0 @@ - GNU GENERAL PUBLIC LICENSE - Version 3, 29 June 2007 - - Copyright (C) 2007 Free Software Foundation, Inc. - Everyone is permitted to copy and distribute verbatim copies - of this license document, but changing it is not allowed. - - Preamble - - The GNU General Public License is a free, copyleft license for -software and other kinds of works. - - The licenses for most software and other practical works are designed -to take away your freedom to share and change the works. By contrast, -the GNU General Public License is intended to guarantee your freedom to -share and change all versions of a program--to make sure it remains free -software for all its users. We, the Free Software Foundation, use the -GNU General Public License for most of our software; it applies also to -any other work released this way by its authors. You can apply it to -your programs, too. - - When we speak of free software, we are referring to freedom, not -price. Our General Public Licenses are designed to make sure that you -have the freedom to distribute copies of free software (and charge for -them if you wish), that you receive source code or can get it if you -want it, that you can change the software or use pieces of it in new -free programs, and that you know you can do these things. - - To protect your rights, we need to prevent others from denying you -these rights or asking you to surrender the rights. Therefore, you have -certain responsibilities if you distribute copies of the software, or if -you modify it: responsibilities to respect the freedom of others. - - For example, if you distribute copies of such a program, whether -gratis or for a fee, you must pass on to the recipients the same -freedoms that you received. You must make sure that they, too, receive -or can get the source code. And you must show them these terms so they -know their rights. - - Developers that use the GNU GPL protect your rights with two steps: -(1) assert copyright on the software, and (2) offer you this License -giving you legal permission to copy, distribute and/or modify it. - - For the developers' and authors' protection, the GPL clearly explains -that there is no warranty for this free software. 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If such problems arise substantially in other domains, we -stand ready to extend this provision to those domains in future versions -of the GPL, as needed to protect the freedom of users. - - Finally, every program is threatened constantly by software patents. -States should not allow patents to restrict development and use of -software on general-purpose computers, but in those that do, we wish to -avoid the special danger that patents applied to a free program could -make it effectively proprietary. To prevent this, the GPL assures that -patents cannot be used to render the program non-free. - - The precise terms and conditions for copying, distribution and -modification follow. - - TERMS AND CONDITIONS - - 0. 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Licensee may not distribute any -software statically or dynamically linked with the Licensed Software. - -4.3 No Technical Support - -The Qt Company has no obligation to furnish Licensee with any technical -support whatsoever. Any such support is subject to separate agreement between -the Parties. - - -5. PRE-RELEASE CODE -The Licensed Software contains pre-release code that is not at the level -of performance and compatibility of a final, generally available, -product offering. The Licensed Software may not operate correctly and -may be substantially modified prior to the first commercial product -release, if any. The Qt Company is not obligated to make this or any later -version of the Licensed Software commercially available. The License -Software is "Not for Commercial Use" and may only be used for the -purposes described in Section 4. The Licensed Software may not be used -in a live operating environment where it may be relied upon to perform -in the same manner as a commercially released product or with data that -has not been sufficiently backed up. - -6. THIRD PARTY SOFTWARE - -The Licensed Software may provide links to third party libraries or code -(collectively "Third Party Software") to implement various functions. -Third Party Software does not comprise part of the Licensed Software. In -some cases, access to Third Party Software may be included along with -the Licensed Software delivery as a convenience for development and -testing only. Such source code and libraries may be listed in the -".../src/3rdparty" source tree delivered with the Licensed Software or -documented in the Licensed Software where the Third Party Software is -used, as may be amended from time to time, do not comprise the Licensed -Software. Licensee acknowledges (1) that some part of Third Party -Software may require additional licensing of copyright and patents from -the owners of such, and (2) that distribution of any of the Licensed -Software referencing any portion of a Third Party Software may require -appropriate licensing from such third parties. - - -7. LIMITED WARRANTY AND WARRANTY DISCLAIMER - -The Licensed Software is licensed to Licensee "as is". To the maximum -extent permitted by applicable law, The Qt Company on behalf of itself and -its suppliers, disclaims all warranties and conditions, either express or -implied, including, but not limited to, implied warranties of -merchantability, fitness for a particular purpose, title and -non-infringement with regard to the Licensed Software. - - -8. LIMITATION OF LIABILITY - -If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is -held liable to Licensee, whether in contract, tort or any other legal theory, -based on the Licensed Software, The Qt Company's entire liability to Licensee -and Licensee's exclusive remedy shall be, at The Qt Company's option, either -(A) return of the price Licensee paid for the Licensed Software, or (B) -repair or replacement of the Licensed Software, provided Licensee -returns to The Qt Company all copies of the Licensed Software as originally -delivered to Licensee. The Qt Company shall not under any circumstances be -liable to Licensee based on failure of the Licensed Software if the failure -resulted from accident, abuse or misapplication, nor shall The Qt Company -under any circumstances be liable for special damages, punitive or exemplary -damages, damages for loss of profits or interruption of business or for -loss or corruption of data. Any award of damages from The Qt Company to -Licensee shall not exceed the total amount Licensee has paid to The Qt -Company in connection with this Agreement. - - -9. CONFIDENTIALITY - -Each party acknowledges that during the Term of this Agreement it shall -have access to information about the other party's business, business -methods, business plans, customers, business relations, technology, and -other information, including the terms of this Agreement, that is -confidential and of great value to the other party, and the value of -which would be significantly reduced if disclosed to third parties (the -"Confidential Information"). Accordingly, when a party (the "Receiving -Party") receives Confidential Information from another party (the -"Disclosing Party"), the Receiving Party shall, and shall obligate its -employees and agents and employees and agents of its Affiliates to: (i) -maintain the Confidential Information in strict confidence; (ii) not -disclose the Confidential Information to a third party without the -Disclosing Party's prior written approval; and (iii) not, directly or -indirectly, use the Confidential Information for any purpose other than -for exercising its rights and fulfilling its responsibilities pursuant -to this Agreement. Each party shall take reasonable measures to protect -the Confidential Information of the other party, which measures shall -not be less than the measures taken by such party to protect its own -confidential and proprietary information. - -"Confidential Information" shall not include information that (a) is or -becomes generally known to the public through no act or omission of the -Receiving Party; (b) was in the Receiving Party's lawful possession -prior to the disclosure hereunder and was not subject to limitations on -disclosure or use; (c) is developed by the Receiving Party without -access to the Confidential Information of the Disclosing Party or by -persons who have not had access to the Confidential Information of the -Disclosing Party as proven by the written records of the Receiving -Party; (d) is lawfully disclosed to the Receiving Party without -restrictions, by a third party not under an obligation of -confidentiality; or (e) the Receiving Party is legally compelled to -disclose the information, in which case the Receiving Party shall assert -the privileged and confidential nature of the information and cooperate -fully with the Disclosing Party to protect against and prevent -disclosure of any Confidential Information and to limit the scope of -disclosure and the dissemination of disclosed Confidential Information -by all legally available means. - -The obligations of the Receiving Party under this Section shall continue -during the Initial Term and for a period of five (5) years after -expiration or termination of this Agreement. To the extent that the -terms of the Non-Disclosure Agreement between The Qt Company and Licensee -conflict with the terms of this Section 9, this Section 9 shall be -controlling over the terms of the Non-Disclosure Agreement. - - -10. GENERAL PROVISIONS - -10.1 No Assignment - -Licensee shall not be entitled to assign or transfer all or any of its -rights, benefits and obligations under this Agreement without the prior -written consent of The Qt Company, which shall not be unreasonably withheld. - -10.2 Termination - -The Qt Company may terminate the Agreement at any time immediately upon -written notice by The Qt Company to Licensee if Licensee breaches this -Agreement. - -Upon termination of this Agreement, Licensee shall return to The Qt Company -all copies of Licensed Software that were supplied by The Qt Company. All -other copies of Licensed Software in the possession or control of Licensee -must be erased or destroyed. An officer of Licensee must promptly -deliver to The Qt Company a written confirmation that this has occurred. - -10.3 Surviving Sections - -Any terms and conditions that by their nature or otherwise reasonably -should survive a cancellation or termination of this Agreement shall -also be deemed to survive. Such terms and conditions include, but are -not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, -10.5, 10.6, 10.7, and 10.8 of this Agreement. - -10.4 Entire Agreement - -This Agreement constitutes the complete agreement between the parties -and supersedes all prior or contemporaneous discussions, -representations, and proposals, written or oral, with respect to the -subject matters discussed herein, with the exception of the -non-disclosure agreement executed by the parties in connection with this -Agreement ("Non-Disclosure Agreement"), if any, shall be subject to -Section 9. No modification of this Agreement shall be effective unless -contained in a writing executed by an authorized representative of each -party. No term or condition contained in Licensee's purchase order shall -apply unless expressly accepted by The Qt Company in writing. If any -provision of the Agreement is found void or unenforceable, the remainder -shall remain valid and enforceable according to its terms. If any remedy -provided is determined to have failed for its essential purpose, all -limitations of liability and exclusions of damages set forth in this -Agreement shall remain in effect. - -10.5 Export Control - -Licensee acknowledges that the Licensed Software may be subject to -export control restrictions of various countries. Licensee shall fully -comply with all applicable export license restrictions and requirements -as well as with all laws and regulations relating to the importation of -the Licensed Software and shall procure all necessary governmental -authorizations, including without limitation, all necessary licenses, -approvals, permissions or consents, where necessary for the -re-exportation of the Licensed Software., - -10.6 Governing Law and Legal Venue - -This Agreement shall be governed by and construed in accordance with the -federal laws of the United States of America and the internal laws of -the State of New York without given effect to any choice of law rule -that would result in the application of the laws of any other -jurisdiction. The United Nations Convention on Contracts for the -International Sale of Goods (CISG) shall not apply. Each Party (a) -hereby irrevocably submits itself to and consents to the jurisdiction of -the United States District Court for the Southern District of New York -(or if such court lacks jurisdiction, the state courts of the State of -New York) for the purposes of any action, claim, suit or proceeding -between the Parties in connection with any controversy, claim, or -dispute arising out of or relating to this Agreement; and (b) hereby -waives, and agrees not to assert by way of motion, as a defense or -otherwise, in any such action, claim, suit or proceeding, any claim that -is not personally subject to the jurisdiction of such court(s), that the -action, claim, suit or proceeding is brought in an inconvenient forum or -that the venue of the action, claim, suit or proceeding is improper. -Notwithstanding the foregoing, nothing in this Section 9.6 is intended -to, or shall be deemed to, constitute a submission or consent to, or -selection of, jurisdiction, forum or venue for any action for patent -infringement, whether or not such action relates to this Agreement. - -10.7 No Implied License - -There are no implied licenses or other implied rights granted under this -Agreement, and all rights, save for those expressly granted hereunder, -shall remain with The Qt Company and its licensors. In addition, no licenses -or immunities are granted to the combination of the Licensed Software with -any other software or hardware not delivered by The Qt Company under this -Agreement. - -10.8 Government End Users - -A "U.S. Government End User" shall mean any agency or entity of the -government of the United States. The following shall apply if Licensee -is a U.S. Government End User. The Licensed Software is a "commercial -item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), -consisting of "commercial computer software" and "commercial computer -software documentation," as such terms are used in 48 C.F.R. 12.212 -(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 -through 227.7202-4 (June 1995), all U.S. Government End Users acquire -the Licensed Software with only those rights set forth herein. The -Licensed Software (including related documentation) is provided to U.S. -Government End Users: (a) only as a commercial end item; and (b) only -pursuant to this Agreement. - - - - - -TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World -Agreement version 2.4 - -This Technology Preview License Agreement ("Agreement") is a legal -agreement between The Qt Company Ltd ("The Qt Company"), with its registered -office at Valimotie 21,FI-00380 Helsinki, Finland and you (either an -individual or a legal entity) ("Licensee") for the Licensed Software. - -1. DEFINITIONS - -"Affiliate" of a Party shall mean an entity (i) which is directly or -indirectly controlling such Party; (ii) which is under the same direct -or indirect ownership or control as such Party; or (iii) which is -directly or indirectly owned or controlled by such Party. For these -purposes, an entity shall be treated as being controlled by another if -that other entity has fifty percent (50 %) or more of the votes in such -entity, is able to direct its affairs and/or to control the composition -of its board of directors or equivalent body. - -"Applications" shall mean Licensee's software products created using the -Licensed Software which may include portions of the Licensed Software. - -"Term" shall mean the period of time six (6) months from the later of -(a) the Effective Date; or (b) the date the Licensed Software was -initially delivered to Licensee by The Qt Company. If no specific Effective -Date is set forth in the Agreement, the Effective Date shall be deemed to be -the date the Licensed Software was initially delivered to Licensee. - -"Licensed Software" shall mean the computer software, "online" or -electronic documentation, associated media and printed materials, -including the source code, example programs and the documentation -delivered by The Qt Company to Licensee in conjunction with this Agreement. - -"Party" or "Parties" shall mean Licensee and/or The Qt Company. - - -2. OWNERSHIP - -The Licensed Software is protected by copyright laws and international -copyright treaties, as well as other intellectual property laws and -treaties. The Licensed Software is licensed, not sold. - -If Licensee provides any findings, proposals, suggestions or other -feedback ("Feedback") to The Qt Company regarding the Licensed Software, -The Qt Companyshall own all right, title and interest including the -intellectual property rights in and to such Feedback, excluding however any -existing patent rights of Licensee. To the extent Licensee owns or controls -any patents for such Feedback Licensee hereby grants to The Qt Company and -its Affiliates, a worldwide, perpetual, non-transferable, sublicensable, -royalty-free license to (i) use, copy and modify Feedback and to create -derivative works thereof, (ii) to make (and have made), use, import, -sell, offer for sale, lease, dispose, offer for disposal or otherwise -exploit any products or services of The Qt Company containing Feedback, and -(iii) sublicense all the foregoing rights to third party licensees and -customers of The Qt Company and/or its Affiliates. - -3. VALIDITY OF THE AGREEMENT - -By installing, copying, or otherwise using the Licensed Software, -Licensee agrees to be bound by the terms of this Agreement. If Licensee -does not agree to the terms of this Agreement, Licensee may not install, -copy, or otherwise use the Licensed Software. Upon Licensee's acceptance -of the terms and conditions of this Agreement, The Qt Company grants Licensee -the right to use the Licensed Software in the manner provided below. - - -4. LICENSES - -4.1. Using and Copying - -The Qt Company grants to Licensee a non-exclusive, non-transferable, -time-limited license to use and copy the Licensed Software for sole purpose -of designing, developing and testing Applications, and evaluating and the -Licensed Software during the Term. - -Licensee may install copies of the Licensed Software on an unlimited -number of computers provided that (a) if an individual, only such -individual; or (b) if a legal entity only its employees; use the -Licensed Software for the authorized purposes. - -4.2 No Distribution or Modifications - -Licensee may not disclose, modify, sell, market, commercialise, -distribute, loan, rent, lease, or license the Licensed Software or any -copy of it or use the Licensed Software for any purpose that is not -expressly granted in this Section 4. Licensee may not alter or remove -any details of ownership, copyright, trademark or other property right -connected with the Licensed Software. Licensee may not distribute any -software statically or dynamically linked with the Licensed Software. - -4.3 No Technical Support - -The Qt Company has no obligation to furnish Licensee with any technical -support whatsoever. Any such support is subject to separate agreement -between the Parties. - - -5. PRE-RELEASE CODE - -The Licensed Software contains pre-release code that is not at the level -of performance and compatibility of a final, generally available, -product offering. The Licensed Software may not operate correctly and -may be substantially modified prior to the first commercial product -release, if any. The Qt Company is not obligated to make this or any later -version of the Licensed Software commercially available. The License -Software is "Not for Commercial Use" and may only be used for the -purposes described in Section 4. The Licensed Software may not be used -in a live operating environment where it may be relied upon to perform -in the same manner as a commercially released product or with data that -has not been sufficiently backed up. - -6. THIRD PARTY SOFTWARE - -The Licensed Software may provide links to third party libraries or code -(collectively "Third Party Software") to implement various functions. -Third Party Software does not comprise part of the Licensed Software. In -some cases, access to Third Party Software may be included along with -the Licensed Software delivery as a convenience for development and -testing only. Such source code and libraries may be listed in the -".../src/3rdparty" source tree delivered with the Licensed Software or -documented in the Licensed Software where the Third Party Software is -used, as may be amended from time to time, do not comprise the Licensed -Software. Licensee acknowledges (1) that some part of Third Party -Software may require additional licensing of copyright and patents from -the owners of such, and (2) that distribution of any of the Licensed -Software referencing any portion of a Third Party Software may require -appropriate licensing from such third parties. - - -7. LIMITED WARRANTY AND WARRANTY DISCLAIMER - -The Licensed Software is licensed to Licensee "as is". To the maximum -extent permitted by applicable law, The Qt Company on behalf of itself and -its suppliers, disclaims all warranties and conditions, either express or -implied, including, but not limited to, implied warranties of -merchantability, fitness for a particular purpose, title and -non-infringement with regard to the Licensed Software. - - -8. LIMITATION OF LIABILITY - -If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is -held liable to Licensee, whether in contract, tort or any other legal theory, -based on the Licensed Software, The Qt Company's entire liability to Licensee -and Licensee's exclusive remedy shall be, at The Qt Company's option, either -(A) return of the price Licensee paid for the Licensed Software, or (B) -repair or replacement of the Licensed Software, provided Licensee -returns to The Qt Company all copies of the Licensed Software as originally -delivered to Licensee. The Qt Company shall not under any circumstances be -liable to Licensee based on failure of the Licensed Software if the failure -resulted from accident, abuse or misapplication, nor shall The Qt Company -under any circumstances be liable for special damages, punitive or exemplary -damages, damages for loss of profits or interruption of business or for -loss or corruption of data. Any award of damages from The Qt Company to -Licensee shall not exceed the total amount Licensee has paid to -The Qt Company in connection with this Agreement. - - -9. CONFIDENTIALITY - -Each party acknowledges that during the Term of this Agreement it shall -have access to information about the other party's business, business -methods, business plans, customers, business relations, technology, and -other information, including the terms of this Agreement, that is -confidential and of great value to the other party, and the value of -which would be significantly reduced if disclosed to third parties (the -"Confidential Information"). Accordingly, when a party (the "Receiving -Party") receives Confidential Information from another party (the -"Disclosing Party"), the Receiving Party shall, and shall obligate its -employees and agents and employees and agents of its Affiliates to: (i) -maintain the Confidential Information in strict confidence; (ii) not -disclose the Confidential Information to a third party without the -Disclosing Party's prior written approval; and (iii) not, directly or -indirectly, use the Confidential Information for any purpose other than -for exercising its rights and fulfilling its responsibilities pursuant -to this Agreement. Each party shall take reasonable measures to protect -the Confidential Information of the other party, which measures shall -not be less than the measures taken by such party to protect its own -confidential and proprietary information. - -"Confidential Information" shall not include information that (a) is or -becomes generally known to the public through no act or omission of the -Receiving Party; (b) was in the Receiving Party's lawful possession -prior to the disclosure hereunder and was not subject to limitations on -disclosure or use; (c) is developed by the Receiving Party without -access to the Confidential Information of the Disclosing Party or by -persons who have not had access to the Confidential Information of the -Disclosing Party as proven by the written records of the Receiving -Party; (d) is lawfully disclosed to the Receiving Party without -restrictions, by a third party not under an obligation of -confidentiality; or (e) the Receiving Party is legally compelled to -disclose the information, in which case the Receiving Party shall assert -the privileged and confidential nature of the information and cooperate -fully with the Disclosing Party to protect against and prevent -disclosure of any Confidential Information and to limit the scope of -disclosure and the dissemination of disclosed Confidential Information -by all legally available means. - -The obligations of the Receiving Party under this Section shall continue -during the Initial Term and for a period of five (5) years after -expiration or termination of this Agreement. To the extent that the -terms of the Non-Disclosure Agreement between The Qt Company and Licensee -conflict with the terms of this Section 9, this Section 9 shall be -controlling over the terms of the Non-Disclosure Agreement. - - -10. GENERAL PROVISIONS - -10.1 No Assignment - -Licensee shall not be entitled to assign or transfer all or any of its -rights, benefits and obligations under this Agreement without the prior -written consent of The Qt Company, which shall not be unreasonably withheld. - -10.2 Termination - -The Qt Company may terminate the Agreement at any time immediately upon -written notice by The Qt Company to Licensee if Licensee breaches this -Agreement. - -Upon termination of this Agreement, Licensee shall return to The Qt Company -all copies of Licensed Software that were supplied by The Qt Company. All -other copies of Licensed Software in the possession or control of Licensee -must be erased or destroyed. An officer of Licensee must promptly -deliver to The Qt Company a written confirmation that this has occurred. - -10.3 Surviving Sections - -Any terms and conditions that by their nature or otherwise reasonably -should survive a cancellation or termination of this Agreement shall -also be deemed to survive. Such terms and conditions include, but are -not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, -10.5, 10.6, 10.7, and 10.8 of this Agreement. - -10.4 Entire Agreement - -This Agreement constitutes the complete agreement between the parties -and supersedes all prior or contemporaneous discussions, -representations, and proposals, written or oral, with respect to the -subject matters discussed herein, with the exception of the -non-disclosure agreement executed by the parties in connection with this -Agreement ("Non-Disclosure Agreement"), if any, shall be subject to -Section 9. No modification of this Agreement shall be effective unless -contained in a writing executed by an authorized representative of each -party. No term or condition contained in Licensee's purchase order shall -apply unless expressly accepted by The Qt Company in writing. If any provision -of the Agreement is found void or unenforceable, the remainder shall remain -valid and enforceable according to its terms. If any remedy provided is -determined to have failed for its essential purpose, all limitations of -liability and exclusions of damages set forth in this Agreement shall -remain in effect. - -10.5 Export Control - -Licensee acknowledges that the Licensed Software may be subject to -export control restrictions of various countries. Licensee shall fully -comply with all applicable export license restrictions and requirements -as well as with all laws and regulations relating to the importation of -the Licensed Software and shall procure all necessary governmental -authorizations, including without limitation, all necessary licenses, -approvals, permissions or consents, where necessary for the -re-exportation of the Licensed Software., - -10.6 Governing Law and Legal Venue - -This Agreement shall be construed and interpreted in accordance with the laws -of Finland, excluding its choice of law provisions. Any disputes arising out -of or relating to this Agreement shall be resolved in arbitration in accordance -with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration -tribunal shall consist of one (1), or if either Party so requires, of three -(3), arbitrators. The award shall be final and binding and enforceable in any -court of competent jurisdiction. The arbitration shall be held in Helsinki, -Finland and the process shall be conducted in the English language. - -10.7 No Implied License - -There are no implied licenses or other implied rights granted under this -Agreement, and all rights, save for those expressly granted hereunder, -shall remain with The Qt Company and its licensors. In addition, no licenses -or immunities are granted to the combination of the Licensed Software with -any other software or hardware not delivered by The Qt Company under this -Agreement. - -10.8 Government End Users - -A "U.S. Government End User" shall mean any agency or entity of the -government of the United States. The following shall apply if Licensee -is a U.S. Government End User. The Licensed Software is a "commercial -item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), -consisting of "commercial computer software" and "commercial computer -software documentation," as such terms are used in 48 C.F.R. 12.212 -(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 -through 227.7202-4 (June 1995), all U.S. Government End Users acquire -the Licensed Software with only those rights set forth herein. The -Licensed Software (including related documentation) is provided to U.S. -Government End Users: (a) only as a commercial end item; and (b) only -pursuant to this Agreement. - -- cgit v1.2.3