diff options
| -rw-r--r-- | LICENSE.PREVIEW.COMMERCIAL | 626 | ||||
| -rw-r--r-- | LICENSE.QT-LICENSE-AGREEMENT-4.0 | 913 | ||||
| -rw-r--r-- | configure.pri | 18 | ||||
| -rw-r--r-- | mkspecs/features/default_pre.prf | 2 |
4 files changed, 925 insertions, 634 deletions
diff --git a/LICENSE.PREVIEW.COMMERCIAL b/LICENSE.PREVIEW.COMMERCIAL deleted file mode 100644 index 5e5aeb6913..0000000000 --- a/LICENSE.PREVIEW.COMMERCIAL +++ /dev/null @@ -1,626 +0,0 @@ -TECHNOLOGY PREVIEW LICENSE AGREEMENT - -For individuals and/or legal entities resident in the Americas (North -America, Central America and South America), the applicable licensing -terms are specified under the heading "Technology Preview License -Agreement: The Americas". - -For individuals and/or legal entities not resident in The Americas, the -applicable licensing terms are specified under the heading "Technology -Preview License Agreement: Rest of the World". - - -TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas -Agreement version 2.4 - -This Technology Preview License Agreement ("Agreement")is a legal agreement -between The Qt Company USA, Inc. ("The Qt Company"), with its registered -office at 2350 Mission College Blvd., Suite 1020, Santa Clara, California -95054, U.S.A. and you (either an individual or a legal entity) ("Licensee") -for the Licensed Software (as defined below). - -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 Company shall 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 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. - diff --git a/LICENSE.QT-LICENSE-AGREEMENT-4.0 b/LICENSE.QT-LICENSE-AGREEMENT-4.0 new file mode 100644 index 0000000000..74bd6bb41c --- /dev/null +++ b/LICENSE.QT-LICENSE-AGREEMENT-4.0 @@ -0,0 +1,913 @@ +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). Capitalized terms used herein are +defined in Section 1. + +WHEREAS: + +(A). Licensee wishes to use the Licensed Software for the purpose of developing +and distributing Applications and/or Devices; and + +(B). The Qt Company is willing to grant the Licensee a right to use Licensed +Software for such purpose pursuant to term and conditions of this Agreement. + +NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: + +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 the Redistributables, or part +thereof. + +"Contractor(s)" shall mean third party consultants, distributors and +contractors performing services to a Party under applicable contractual +arrangement. + +"Customer(s)" shall mean Licensee's end users to whom Licensee, directly or +indirectly, distributes copies of the Redistributables. + +"Deployment Platforms" shall mean operating systems specified in the License +Certificate, in which the Redistributables can be distributed pursuant to the +terms and conditions of this Agreement. + +"Designated User(s)" shall mean the employee(s) of Licensee or Licensee's +Affiliates acting within the scope of their employment or Licensee's +Contractors acting within the scope of their services for Licensee and on +behalf of Licensee. Designated Users shall be named in the License Certificate. + +"Development License" shall mean the license needed by the Licensee for each +Designated User to use the Licensed Software under the license grant described +in Section 3.1 of this Agreement. + +"Development Platforms" shall mean those operating systems specified in the +License Certificate, in which the Licensed Software can be used under the +Development License, but not distributed in any form or used for any other +purpose. + +"Devices" shall mean hardware devices or products that 1) are manufactured +and/or distributed by the Licensee or its Affiliates or Contractors, and +(2)(i) incorporate or integrate the Redistributables or parts thereof; or (ii) +do not incorporate or integrate the Redistributables at the time of +distribution, but where, when used by a Customer, the main user interface or +substantial functionality of such device is provided by Application(s) or +otherwise depends on the Licensed Software. + +"Distribution License(s)" shall mean the license required for distribution of +Redistributables in connection with Devices pursuant to license grant described +in Section 3.3 of this Agreement. + +"Distribution License Packs" shall mean set of prepaid Distribution Licenses +for distribution of Redistributables, as defined in The Qt Company's standard +price list, quote, Purchase Order confirmation or in an appendix hereto, +as the case may be. + +"Intellectual Property Rights" shall mean patents (including utility models), +design patents, and designs (whether or not capable of registration), chip +topography rights and other like protection, copyrights, trademarks, service +marks, trade names, logos or other words or symbols and any other form of +statutory protection of any kind and applications for any of the foregoing as +well as any trade secrets. + +"License Certificate" shall mean a certificate generated by The Qt Company for +each Designated User respectively upon them downloading the licensed Software. +License Certificate will be available under respective Designated User's Qt +Account at account.qt.io and it will specify the Designated User, the +Development Platforms, Deployment Platforms and the License Term. The terms of +the License Certificate are considered part of this Agreement and shall be +updated from time to time to reflect any agreed changes to the foregoing terms +relating to Designated User's rights to the Licensed Software. + +"License Fee" shall mean the fee charged to the Licensee for rights granted +under the terms of this Agreement. + +"License Term" shall mean the agreed validity period of the Development +License of the respective Designated User, during which time the +Designated User is entitled to use the Licensed Software, as set forth in the +respective License Certificate. + +"Licensed Software" shall mean all versions of the + +(i) Qt Toolkit (including Qt Essentials, Qt Add-Ons and Value-Add modules) as +described in http://doc.qt.io/qt-5/qtmodules.html, + +(ii) Qt Creator (including Creator IDE tool) as described in +http://doc.qt.io/qtcreator/index.html, + +(iii) Qt 3D Studio as described in http://doc.qt.io/qt3dstudio/index.html, and + +as well as corresponding online or electronic documentation, associated media +and printed materials, including the source code, example programs and the +documentation, licensed to the Licensee under this Agreement. Licensed Software +does not include Third Party Software (as defined in Section 4), Open Source +Qt, or other software products of The Qt Company (for example Qt Safe Renderer +and Qt for Automation), unless such other software products of The Qt Company +are separately agreed in writing to be included in scope of the Licensed +Software. + +"Licensee" shall mean the individual or legal entity that is party to this +Agreement, as identified on the signature page hereof. + +"Licensee's Records" shall mean books and records that are likely to contain +information bearing on Licensee's compliance with this Agreement or the +payments due to The Qt Company under this Agreement, including, but not limited +to: assembly logs, sales records and distribution records. + +"Modified Software" shall have the meaning as set forth in Section 2.3. + +"Online Services" shall mean any services or access to systems made available +by The Qt Company to the Licensee over the Internet relating to the Licensed +Software or for the purpose of use by the Licensee of the Licensed Software or +Support. Use of any such Online Services is discretionary for the Licensee and +some of them may be subject to additional fees. + +"Open Source Qt" shall mean the non-commercial Qt computer software products, +licensed under the terms of the GNU Lesser General Public License, version +2.1 or later ("LGPL") or the GNU General Public License, version 2.0 or later +("GPL"). For clarity, Open Source Qt shall not be provided nor governed under +this Agreement. + +"Party" or "Parties" shall mean Licensee and/or The Qt Company. + +"Redistributables" shall mean the portions of the Licensed Software set forth +in Appendix 1, Section 1 that may be distributed pursuant to the terms of this +Agreement in object code form only, including any relevant documentation. +Where relevant, any reference to Licensed Software in this Agreement shall +include and refer also to Redistributables. + +"Renewal Term" shall mean an extension of previous License Term as agreed +between the Parties. + +"Submitted Modified Software" shall have the meaning as set forth in +Section 2.3. + +"Support" shall mean standard developer support that is provided by The Qt +Company to assist Designated Users in using the Licensed Software in +accordance with The Qt Company's standard support terms and as further +defined in Section 8 hereunder. + +"Taxes" shall have the meaning set forth in Section 10.5. + +"Term" shall have the meaning set forth in Section 12. + +"The Qt Company" shall mean: + +(i) in the event Licensee is an individual residing in the United States or a +legal entity incorporated in the United States or having its headquarters in +the United States, The Qt Company Inc., a Delaware corporation with its office +at 2350 Mission College Blvd., Suite 1020, Santa Clara, CA 95054, USA.; or + +(ii) in the event the Licensee is an individual residing outside of the United +States or a legal entity incorporated outside of the United States or having +its registered office outside of the United States, The Qt Company Ltd., a +Finnish company with its registered office at Bertel Jungin aukio D3A, 02600 +Espoo, Finland. + +"Third Party Software " shall have the meaning set forth in Section 4. + +"Updates" shall mean a release or version of the Licensed Software containing +bug fixes, error corrections and other changes that are generally made +available to users of the Licensed Software that have contracted for Support. +Updates are generally depicted as a change to the digits following the decimal +in the Licensed Software version number. The Qt Company shall make Updates +available to the Licensee under the Support. Updates shall be considered as +part of the Licensed Software hereunder. + +"Upgrades" shall mean a release or version of the Licensed Software containing +enhancements and new features and are generally depicted as a change to the +first digit of the Licensed Software version number. In the event Upgrades are +provided to the Licensee under this Agreement, they shall be considered as +part of the Licensed Software hereunder. + +2. OWNERSHIP + +2.1 Ownership of The Qt Company + +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. + +All The Qt Company's Intellectual Property Rights are and shall remain the +exclusive property of The Qt Company or its licensors respectively. + +2.2 Ownership of Licensee + +All the Licensee's Intellectual Property Rights are and shall remain the +exclusive property of the Licensee or its licensors respectively. + +All Intellectual Property Rights to the Modified Software, Applications and +Devices shall remain with the Licensee and no rights thereto shall be granted +by the Licensee to The Qt Company under this Agreement (except as set forth in +Section 2.3 below). + +2.3 Modified Software + +Licensee may create bug-fixes, error corrections, patches or modifications to +the Licensed Software ("Modified Software"). Such Modified Software may break +the source or binary compatibility with the Licensed Software (including +without limitation through changing the application programming interfaces +("API") or by adding, changing or deleting any variable, method, or class +signature in the Licensed Software and/or any inter-process protocols, services +or standards in the Licensed Software libraries). To the extent that Licensee's +Modified Software so breaks source or binary compatibility with the Licensed +Software, Licensee acknowledges that The Qt Company's ability to provide +Support may be prevented or limited and Licensee's ability to make use of +Updates may be restricted. + +Licensee may, at its sole and absolute discretion, choose to submit Modified +Software to The Qt Company ("Submitted Modified Software") in connection with +Licensee's Support request, service request or otherwise. In the event Licensee +does so, then, Licensee hereby grants The Qt Company a sublicensable, +assignable, irrevocable, perpetual, worldwide, non-exclusive, royalty-free and +fully paid-up license, under all of Licensee's Intellectual Property Rights, to +reproduce, adapt, translate, modify, and prepare derivative works of, publicly +display, publicly perform, sublicense, make available and distribute such +Submitted Modified Software as The Qt Company sees fit at its free and absolute +discretion. + +3. LICENSES GRANTED + +3.1 Development with Licensed Software + +Subject to the terms of this Agreement, The Qt Company grants to Licensee a +personal, worldwide, non-exclusive, non-transferable license, valid for the +License Term, to use, modify and copy the Licensed Software by Designated Users +on the Development Platforms for the sole purposes of designing, developing, +demonstrating and testing Application(s) and/or Devices, and to provide thereto +related support and other related services to end-user Customers. + +Licensee may install copies of the Licensed Software on an unlimited number of +computers provided that (i) only the Designated Users may use the Licensed +Software, and (ii) all Designated Users must have a valid Development License +to use Licensed Software. + +Licensee may at any time designate another Designated User to replace a then- +current Designated User by notifying The Qt Company in writing, provided that +any Designated User may be replaced only once during any six-month period. + +Upon expiry of the initially agreed License Term, the respective License Terms +shall be automatically extended to one or more Renewal Term(s), unless and +until either Party notifies the other Party in writing that it does not wish to +continue the License Term, such notification to be provided to the other Party +no less than ninety (90) days before expiry of the respective License Term. +Unless otherwise agreed between the Parties, Renewal Term shall be of equal +length with the initial Term. + +Any such Renewal Term shall be subject to License Fees agreed between the +Parties or, if no advance agreement exists, subject to The Qt Company's +standard pricing applicable at the commencement date of any such Renewal Term. + +3.2 Distribution of Applications + +Subject to the terms of this Agreement, The Qt Company grants to Licensee a +personal, worldwide, non-exclusive, non-transferable, revocable (for cause +pursuant to this Agreement) right and license, valid for the Term, to + +(i) distribute, by itself or through its Contractors, Redistributables as +installed, incorporated or integrated into Applications for execution on the +Deployment Platforms, and + +(ii) grant sublicenses to Redistributables, as distributed hereunder, for +Customers solely for Customer's internal use and to the extent necessary in +order for the Customers to use the Applications for their respective intended +purposes. + +Right to distribute the Redistributables as part of an Application as provided +herein is not royalty-bearing but is conditional upon the Licensee having paid +the agreed Development Licenses from The Qt Company before distributing any +Redistributables to Customers. + +3.3 Distribution of Devices + +Subject to the terms of this Agreement, The Qt Company grants to Licensee a +personal, worldwide, non-exclusive, non-transferable, revocable (for cause +pursuant to this Agreement) right and license, valid for the Term, to + +(i) distribute, by itself or through one or more tiers of Contractors, +Redistributables as installed, incorporated or integrated, or intended to be +installed, incorporated or integrated into Devices for execution on the +Deployment Platforms, and + +(ii) grant sublicenses to Redistributables, as distributed hereunder, for +Customers solely for Customer's internal use and to the extent necessary in +order for the Customers to use the Devices for their respective intended +purposes. + +Right to distribute the Redistributables with Devices as provided herein is +conditional upon the Licensee having purchased and paid the appropriate amount +of Development and Distribution Licenses from The Qt Company before +distributing any Redistributables to Customers. + +3.4 Further Requirements + +The licenses granted above in this Section 3 by The Qt Company to Licensee are +conditional and subject to Licensee's compliance with the following terms: + +(i) Licensee shall not remove or alter any copyright, trademark or other +proprietary rights notice contained in any portion of the Licensed Software; + +(ii) Applications must add primary and substantial functionality to the +Licensed Software; + +(iii) Applications may not pass on functionality which in any way makes it +possible for others to create software with the Licensed Software; provided +however that Licensee may use the Licensed Software's scripting and QML ("Qt +Quick") functionality solely in order to enable scripting, themes and styles +that augment the functionality and appearance of the Application(s) without +adding primary and substantial functionality to the Application(s); + +(iv) Applications must not compete with the Licensed Software; + +(v) Licensee shall not use The Qt Company's or any of its suppliers' names, +logos, or trademarks to market Applications, except that Licensee may use +"Built with Qt" logo to indicate that Application(s) was developed using the +Licensed Software; + +(vi) Licensee shall not distribute, sublicense or disclose source code of +Licensed Software to any third party (provided however that Licensee may +appoint employee(s) of Contractors as Designated Users to use Licensed +Software pursuant to this Agreement). Such right may be available for the +Licensee subject to a separate software development kit ("SDK") license +agreement to be concluded with The Qt Company; + +(vii) Licensee shall not grant the Customers a right to (i) make copies of the +Redistributables except when and to the extent required to use the Applications +and/or Devices for their intended purpose, (ii) modify the Redistributables or +create derivative works thereof, (iii) decompile, disassemble or otherwise +reverse engineer Redistributables, or (iv) redistribute any copy or portion of +the Redistributables to any third party, except as part of the onward sale of +the Device on which the Redistributables are installed; + +(viii) Licensee shall not and shall cause that its Affiliates or Contractors +shall not a) in any way combine, incorporate or integrate Licensed Software +with, or use Licensed Software for creation of, any software created with or +incorporating Open Source Qt, or b) incorporate or integrate Applications +into a hardware device or product other than a Device, unless Licensee has +received an advance written permission from The Qt Company to do so. Absent +such written permission, any and all distribution by the Licensee during the +Term of a hardware device or product a) which incorporate or integrate any +part of Licensed Software or Open Source Qt; or b) where the main user +interface or substantial functionality is provided by software build with +Licensed Software or Open Source Qt or otherwise depends on the Licensed +Software or Open Source Qt, shall be considered as a Device distribution under +this Agreement and dependent on compliance thereof (including but not limited +to obligation to pay applicable License Fees for such distribution); + +(ix) Licensee shall cause all of its Affiliates and Contractors entitled to +make use of the licenses granted under this Agreement, to be contractually +bound to comply with the relevant terms of this Agreement and not to use the +Licensed Software beyond the terms hereof and for any purposes other than +operating within the scope of their services for Licensee. Licensee shall be +responsible for any and all actions and omissions of its Affiliates and +Contractors relating to the Licensed Software and use thereof (including but +not limited to payment of all applicable License Fees); + +(x) Except when and to the extent explicitly provided in this Section 3, +Licensee shall not transfer, publish, disclose, display or otherwise make +available the Licensed Software; + +; and + +(xi) Licensee shall not attempt or enlist a third party to conduct or attempt +to conduct any of the above. + +Above terms shall not be applicable if and to the extent they conflict with any +mandatory provisions of any applicable laws. + +Any use of Licensed Software beyond the provisions of this Agreement is +strictly prohibited and requires an additional license from The Qt Company. + +4. 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 in the Licensed Software. Such +Third Party Software will be listed in the ".../src/3rdparty" source tree +delivered with the Licensed Software or documented in the Licensed Software, as +such may be amended from time to time. Licensee acknowledges that use or +distribution of Third Party Software is in all respects subject to applicable +license terms of applicable third party right holders. + +5. PRE-RELEASE CODE + +The Licensed Software may contain pre-release code and functionality marked or +otherwise stated as "Technology Preview", "Alpha", "Beta" or similar +designation. Such pre-release code may be present in order to provide +experimental support for new platforms or preliminary versions of one or more +new functionalities. The pre-release code may not be at the level of +performance and compatibility of a final, generally available, product +offering of the Licensed Software. The pre-release parts of the Licensed +Software may not operate correctly, may contain errors and may be substantially +modified by The Qt Company prior to the first commercial product release, if +any. The Qt Company is under no obligation to make pre-release code +commercially available, or provide any Support or Updates relating thereto. The +Qt Company assumes no liability whatsoever regarding any pre-release code, but +any use thereof is exclusively at Licensee's own risk and expense. + +6. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +The Qt Company hereby represents and warrants that it has the power and +authority to grant the rights and licenses granted to Licensee under this +Agreement. + +Except as set forth above, the Licensed Software is licensed to Licensee +"as is" and Licensee's exclusive remedy and The Qt Company's entire liability +for errors in the Licensed Software shall be limited, at The Qt Company's +option, to correction of the error, replacement of the Licensed Software or +return of the applicable fees paid for the defective Licensed Software for the +time period during which the License is not able to utilize the Licensed +Software under the terms of this Agreement. + +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QT COMPANY ON BEHALF OF +ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL OTHER +WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED +WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- +INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE. THE QT COMPANY DOES NOT +WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT +IT WILL OPERATE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE +UNINTERRUPTED. ALL USE OF AND RELIANCE ON THE LICENSED SOFTWARE IS AT THE SOLE +RISK OF AND RESPONSIBILITY OF LICENSEE. + +7. INDEMNIFICATION AND LIMITATION OF LIABILITY + +7.1 Limitation of Liability + +EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II) +BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO +EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFIT, +LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL, +CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, +HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. PARTIES +SPECIFICALLY AGREE THAT LICENSEE'S OBLIGATION TO PAY LICENSE AND OTHER FEES +CORRESPONDING TO ACTUAL USAGE OF LICENSED SOFTWARE HEREUNDER SHALL BE +CONSIDERED AS A DIRECT DAMAGE. + +EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II) +BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN +NO EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT +EXCEED THE AGGREGATE LICENSE FEES PAID OR PAYABLE TO THE QT COMPANY FROM +LICENSEE DURING THE PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE +EVENT RESULTING IN SUCH LIABILITY. + +THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT +BETWEEN THE QT COMPANY AND LICENSEE AND THE PARTIES HAVE RELIED UPON THE +LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. + +7.2 Licensee's Indemnification + +Licensee shall indemnify and hold harmless The Qt Company from and against any +claim, injury, judgment, settlement, loss or expense, including attorneys' fees +related to: (a) Licensee's misrepresentation in connection with The Qt Company +or the Licensed Software or breach of this Agreement, (b) the Application or +Device (except where such cause of liability is solely attributable to the +Licensed Software). + +8. SUPPORT, UPDATES AND ONLINE SERVICES + +Upon due payment of the agreed License Fees the Licensee will be eligible to +receive Support and Updates and to use the Online Services during the License +Term, provided, however, that in the event the License Term is longer than 36 +months, Support is provided only for the first 12 months, unless the Parties +specifically otherwise agree. + +Unless otherwise decided by The Company at its free and absolute discretion, +Upgrades will not be included in the Support but may be available subject to +additional fees. + +From time to time The Qt Company may change the Support terms, provided that +during the respective ongoing License Term the level of Support provided by The +Qt Company may not be reduced without the consent of the Licensee. + +Unless otherwise agreed, The Qt Company shall not be responsible for providing +any service or support to Customers. + +9. CONFIDENTIALITY + +Each Party acknowledges that during the Term of this Agreement each Party may +receive 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 ("Confidential +Information"). Accordingly, when a Party (the "Receiving Party") receives +Confidential Information from the other Party (the "Disclosing Party"), the +Receiving Party shall only disclose such information to employees and +Contractors on a need to know basis, and shall cause its employees and +employees of its Affiliates to: (i) maintain any and all Confidential +Information in 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. + +Obligation of confidentiality shall not apply to information that (i) is or +becomes generally known to the public through no act or omission of the +Receiving Party; (ii) was in the Receiving Party's lawful possession prior to +the disclosure hereunder and was not subject to limitations on disclosure or +use; (iii) is developed independently by employees or Contractors of the +Receiving Party or other persons working for the Receiving Party who have not +had access to the Confidential Information of the Disclosing Party, as proven +by the written records of the Receiving Party; (iv) is lawfully disclosed to +the Receiving Party without restrictions, by a third party not under an +obligation of confidentiality; or (v) the Receiving Party is legally compelled +to disclose, in which case the Receiving Party shall notify the Disclosing +Party of such compelled disclosure and assert the privileged and confidential +nature of the information and cooperate fully with the Disclosing Party to +limit the scope of disclosure and the dissemination of disclosed Confidential +Information to the minimum extent necessary. + +The obligations under this Section 9 shall continue to remain in force for a +period of five (5) years after the last disclosure, and, with respect to trade +secrets, for so long as such trade secrets are protected under applicable trade +secret laws. + +10. FEES, DELIVERY AND PAYMENT + +10.1 License Fees + +License Fees are described in The Qt Company's standard price list, quote or +Purchase Order confirmation or in an appendix hereto, as the case may be. + +The License Fees shall not be refunded or claimed as a credit in any event or +for any reason whatsoever. + +10.2 Ordering Licenses + +Licensee may purchase Development Licenses and Distribution Licenses pursuant +to agreed pricing terms or, if no specific pricing terms have been agreed upon, +at The Qt Company's standard pricing terms applicable at the time of purchase. + +Licensee shall submit all purchase orders for Development Licenses and +Distribution Licenses to The Qt Company by email or any other method acceptable +to The Qt Company (each such order is referred to herein as a "Purchase Order") +for confirmation, whereupon the Purchase Order shall become binding between the +Parties. + +10.3 Distribution License Packs + +Unless otherwise agreed, Distribution Licenses shall be purchased by way of +Distribution License Packs. + +Upon due payment of the ordered Distribution License Pack(s), the Licensee will +have an account of Distribution Licenses available for installing, bundling or +integrating (all jointly "installing") the Redistributables with the Devices or +for otherwise distributing the Redistributables in accordance with this +Agreement. + +Each time Licensee "installs" or distributes a copy of Redistributables, then +one Distribution License is used, and Licensee's account of available +Distribution Licenses is decreased accordingly. + +Licensee may "install" copies of the Redistributables so long as Licensee has +Distribution Licenses remaining on its account. + +Redistributables will be deemed to have been "installed" into a Device when one +of the following circumstances shall have occurred: a) the Redistributables +have been loaded onto the Device and used outside of the Licensee's premises or +b) the Device has been fully tested and placed into Licensee's inventory +(or sold) for the first time (i.e., Licensee will not be required to use +(or pay for) more than one Distribution License for each individual Device, +e.g. in a situation where a Device is returned to Licensee's inventory after +delivery to a distributor or sale to a Customer). In addition, if Licensee +includes a back-up copy of the Redistributables on a CD-ROM or other storage +medium along with the product, that backup copy of the Redistributables will +not be deemed to have been "installed" and will not require an additional +Distribution License. + +10.4 Payment Terms + +License Fees and any other charges under this Agreement shall be paid by +Licensee no later than thirty (30) days from the date of the applicable invoice +from The Qt Company. + +The Qt Company will submit an invoice to Licensee after the date of this +Agreement and/or after The Qt Company receives a Purchase Order from +Licensee. + +A late payment charge of the lower of (a) one percent per month; or (b) the +interest rate stipulated by applicable law, shall be charged on any unpaid +balances that remain past due. + +The Qt Company shall have the right to suspend, terminate or withhold grants +of all rights to the Licensed Software hereunder, including but not limited to +the Developer License, Distribution License, and Support, should Licensee fail +to make payment in timely fashion. + +10.5 Taxes + +All License Fees and other charges payable hereunder are gross amounts but +exclusive of any value added tax, use tax, sales tax and other taxes, duties or +tariffs ("Taxes"). Such applicable Taxes shall be paid by Licensee, or, where +applicable, in lieu of payment of such Taxes, Licensee shall provide an +exemption certificate to The Qt Company and any applicable authority. + +11 RECORD-KEEPING AND REPORTING OBLIGATIONS; AUDIT RIGHTS + +11.1 Licensee's Record-keeping + +Licensee shall at all times maintain accurate and up-to-date written records of +Licensee's activities related to the use of Licensed Software and distribution +of Redistributables. The records shall be adequate to determine Licensee's +compliance with the provisions of this Agreement and to demonstrate the number +of Designated Users and Redistributables distributed by Licensee. 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 + +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/configure.pri b/configure.pri index 0512ef0144..f1c63f575d 100644 --- a/configure.pri +++ b/configure.pri @@ -72,7 +72,7 @@ defineReplace(qtConfFunc_licenseCheck) { hasOpenSource = true else: \ hasOpenSource = false - exists($$QT_SOURCE_TREE/LICENSE.PREVIEW.COMMERCIAL)|exists($$QT_SOURCE_TREE/bin/licheck*): \ + exists($$QT_SOURCE_TREE/LICENSE.QT-LICENSE-AGREEMENT-4.0): \ hasCommercial = true else: \ hasCommercial = false @@ -128,14 +128,18 @@ defineReplace(qtConfFunc_licenseCheck) { qtConfFatalError("This is the Qt Open Source Edition." \ "Cannot proceed with -commercial.") - exists($$QT_SOURCE_TREE/LICENSE.PREVIEW.COMMERCIAL) { + !exists($$QT_SOURCE_TREE/.release-timestamp) { + # Build from git + logn() - logn("This is the Qt Technology Preview Edition.") + logn("This is the Qt Commercial Edition.") - EditionString = "Technology Preview" - config.input.qt_edition = Preview + EditionString = "Commercial" + config.input.qt_edition = Commercial export(config.input.qt_edition) } else { + # Build from a released source package + equals(QMAKE_HOST.os, Linux) { !equals(QMAKE_HOST.arch, x86_64): \ Licheck = licheck32 @@ -194,7 +198,7 @@ defineReplace(qtConfFunc_licenseCheck) { affix = either } } else { - theLicense = $$cat($$QT_SOURCE_TREE/LICENSE.PREVIEW.COMMERCIAL, lines) + theLicense = $$cat($$QT_SOURCE_TREE/LICENSE.QT-LICENSE-AGREEMENT-4.0, lines) theLicense = $$first(theLicense) showWhat = "Type '?' to view the $${theLicense}." } @@ -221,7 +225,7 @@ defineReplace(qtConfFunc_licenseCheck) { } else: equals(val, n)|equals(val, no) { return(false) } else: equals(commercial, yes):equals(val, ?) { - licenseFile = $$QT_SOURCE_TREE/LICENSE.PREVIEW.COMMERCIAL + licenseFile = $$QT_SOURCE_TREE/LICENSE.QT-LICENSE-AGREEMENT-4.0 } else: equals(commercial, no):equals(val, l) { licenseFile = $$QT_SOURCE_TREE/LICENSE.LGPL3 } else: equals(commercial, no):equals(val, g):$$gpl2Ok { diff --git a/mkspecs/features/default_pre.prf b/mkspecs/features/default_pre.prf index 07a9b1c401..1f2f1ff2de 100644 --- a/mkspecs/features/default_pre.prf +++ b/mkspecs/features/default_pre.prf @@ -11,7 +11,7 @@ CONFIG = \ testcase_targets import_plugins import_qpa_plugin \ $$CONFIG -!build_pass:defined(QT_EDITION, var):!equals(QT_EDITION, "OpenSource"):!equals(QT_EDITION, "Preview") { +!build_pass:!isEmpty(QT_LICHECK) { # # call license checker (but cache result for one day) # |