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diff --git a/licenses/LICENSE-DESKTOP-US b/licenses/LICENSE-DESKTOP-US new file mode 100644 index 00000000..7655f54b --- /dev/null +++ b/licenses/LICENSE-DESKTOP-US @@ -0,0 +1,498 @@ +Qt COMMERCIAL LICENSE AGREEMENT +Agreement version 3.9.1 + +This Qt Commercial License Agreement ("Agreement") is a legal agreement between +Digia USA Inc. ("Digia"), with its registered office at 32 W. Loockerman +Street, Suite 201, City of Dover, County of Kent, Delaware 19904, 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. +"Designated User(s)" shall mean the employee(s) of Licensee acting within the +scope of their employment or Licensee's consultant(s) or contractor(s) acting +within the scope of their services for Licensee and on behalf of Licensee. + +"Initial Term" shall mean the period of time one (1) year from the later of (a) +the Effective Date; or (b) the date the Licensed Software was initially +delivered to Licensee by Digia. 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. + +"License Certificate" shall mean the document accompanying the Licensed Software +which specifies the modules which are licensed under the Agreement, Platforms +and Designated Users. + +"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 Digia to Licensee in +conjunction with this Agreement. Licensed Software does not include Third Party +Software (as defined in Section 7). + +"Modified Software" shall mean modifications made to the Licensed Software by +Licensee. +"Party or Parties" shall mean Licensee and/or Digia. + +"Platforms" shall mean the operating systems listed in the License Certificate. + +"Redistributables" shall mean the portions of the Licensed Software set forth in +Appendix 1, Section 1 that may be distributed with or as part of Applications in +object code form. + +"Support" shall mean standard developer support that is provided by Digia to +assist eligible Designated Users in using the Licensed Software in accordance +with its established standard support procedures listed at: http://qt.digia.com. + +"Updates" shall mean a release or version of the Licensed Software containing +enhancement, new features, bug fixes, error corrections and other changes that +are generally made available to users of the Licensed Software that have +contracted for maintenance and support. + +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. + +To the extent Licensee submits bug fixes or error corrections, including +information related thereto, Licensee hereby grants to Digia a sublicensable, +irrevocable, perpetual, worldwide, non-exclusive, royalty-free and fully paid-up +copyright and trade secret license to reproduce, adapt, translate, modify, and +prepare derivative works of, publicly display, publicly perform, sublicense, +make available and distribute error corrections and bug fixes, including +derivative works thereof. All Digia's and/or its licensors' trademarks, service +marks, trade names, logos or other words or symbols are and shall remain the +exclusive property of Digia or its licensors respectively. + +3. MODULES +Some of the files in the Licensed Software have been grouped into modules. +These files contain specific notices defining the module of which they are a +part. The modules licensed to Licensee are specified in the License +Certificate. The terms of the License Certificate are considered part of the +Agreement. In the event of inconsistency or conflict between the language of +this Agreement and the License Certificate, the provisions of this Agreement +shall govern. + +4. 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. In addition, by installing, copying, or otherwise using +any Updates or other components of the Licensed Software that Licensee receives +separately as part of the Licensed Software, Licensee agrees to be bound by any +additional license terms that accompany such Updates, if any. If Licensee does +not agree to the additional license terms that accompany such Updates, Licensee +may not install, copy, or otherwise use such Updates. + +Upon Licensee's acceptance of the terms and conditions of this Agreement, Digia +grants Licensee the right to use the Licensed Software in the manner provided +below. + +5. LICENSES +5.1 Using, modifying and copying +Digia grants to Licensee a non-exclusive, non-transferable, perpetual license to +use, modify and copy the Licensed Software for the Designated User(s) specified +in the License Certificate for the sole purposes of designing, developing, and +testing Application(s). + +Licensee may install copies of the Licensed Software on an unlimited number of +computers provided that only the Designated Users use the Licensed Software. +Licensee may at any time designate another Designated User to replace a +then-current Designated User by notifying Digia, provided that a) the +then-current Designated User has not been designated as a replacement during the +last six (6) months; and b) there is no more than the specified number of +Designated Users at any given time. + +5.2 Redistribution +a) Digia grants Licensee a non-exclusive, royalty-free right to reproduce and +distribute the object code form of Redistributables for execution on the +specified Platforms. Copies of Redistributables may only be distributed with +and for the sole purpose of executing Applications permitted under this +Agreement that Licensee has created using the Licensed Software. Under no +circumstances may any copies of Redistributables be distributed separately. +This Agreement does not give Licensee any rights to distribute any of the parts +of the Licensed Software listed in Appendix 1, Section 2, neither as a whole nor +as parts or snippets of code. + +b) Licensee may not distribute, transfer, assign or otherwise dispose of +Applications and/or Redistributables, in binary/compiled form, or in any other +form, if such action is part of a joint software and hardware distribution, +except as provided by a separate runtime distribution license with Digia or one +of its authorized distributors. A joint hardware and software distribution +shall be defined as either: + +(i) distribution of a hardware device where, in its final end user +configuration, the main user interface of the device is provided by +Application(s) created by Licensee or others, using a commercial version of Qt +or a Qt-based product, and depends on the Licensed Software or an open source +version of any Qt or Qt-based software product; or + +(ii) distribution of the Licensed Software with a device designed to facilitate +the installation of the Licensed Software onto the same device where the main +user interface of such device is provided by Application(s) created by Licensee +or others, using a commercial version of Qt or a Qt-based product, and depends +on the Licensed Software. + +5.3 Further Requirements +The licenses granted in this Section 5 by Digia to Licensee are subject to +Licensee's compliance with Section 8 of this Agreement. + +6. VERIFICATION +Digia or a certified auditor on Digia's behalf, may, upon its reasonable request +and at its expense, audit Licensee with respect to the use of the Licensed +Software. 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. Digia shall not +remove, copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed Software in a +way that is in material violation of the terms of the Agreement, then Licensee +shall pay Digia's reasonable costs of conducting the audit. In the case of a +material violation, Licensee agrees to pay Digia any amounts owing that are +attributable to the unauthorized use. In the alternative, Digia reserves the +right, at Digia's sole option, to terminate the licenses for the Licensed +Software. + + +7. 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. + +8. CONDITIONS FOR CREATING APPLICATIONS AND DISTRIBUTING REDISTRIBUTABLES +The licenses granted in this Agreement for Licensee to create Applications and +distribute them and the Redistributables (if any) to Licensee's customers is +subject to all of the following conditions: (i) all copies of the Applications +which Licensee creates must bear a valid copyright notice, either Licensee's own +or the copyright notice that appears on the Licensed Software; (ii) Licensee may +not remove or alter any copyright, trademark or other proprietary rights notice +contained in any portion of the Licensed Software, including but not limited to +the About Boxes in "Qt Assistant" and "Qt Linguist" as defined in Appendix 1; +(iii) Redistributables, if any, shall be licensed to Licensee's customer "as +is"; (iv) Licensee shall indemnify and hold Digia, its Affiliates, contractors, +and its suppliers, harmless from and against any claims or liabilities arising +out of the use, reproduction or distribution of Applications; (v) Applications +must be developed using a licensed, registered copy of the Licensed Software; +(vi) Applications must add primary and substantial functionality to the Licensed +Software; (vii) Applications may not pass on functionality which in any way +makes it possible for others to create software with the Licensed Software, +however 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); (viii) Applications +may not compete with the Licensed Software; (ix) Licensee may not use Digia's or +any of its suppliers' names, logos, or trademarks to market Application(s), +except to state that Application was developed using the Licensed Software. + +NOTE: The Open Source Editions of Qt products and the Qt, Qtopia and Qt Extended +versions previously licensed by Trolltech (collectively referred to as +"Products") are licensed under the terms of the GNU Lesser General Public +License version 2.1 ("LGPL") and/or the GNU General Public License versions 2.0 +and 3.0 ("GPL") (as applicable) and not under this Agreement. If Licensee, or +another third party, has, at any time, developed all (or any portions of) the +Application(s) using a version of one of these Products licensed under the LGPL +or the GPL, Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived there +from) under the terms of the GNU Lesser General Public License version 2.1 (Qt +only) or GNU General Public License version 2.0 (Qt, Qtopia and Qt Extended) or +version 3 (Qt only) copies of which are located at +http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER +Digia hereby represents and warrants with respect to the Licensed Software 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". To the maximum extent permitted by applicable +law, Digia 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. + +10. LIMITATION OF LIABILITY +If, Digia's warranty disclaimer notwithstanding, Digia is held liable to +Licensee, whether in contract, tort or any other legal theory, based on the +Licensed Software, Digia's entire liability to Licensee and Licensee's exclusive +remedy shall be, at Digia'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 Digia all copies of the Licensed Software +as originally delivered to Licensee. Digia 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 Digia 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 Digia to Licensee shall not +exceed the total amount Licensee has paid to Digia in connection with this +Agreement. + +11. SUPPORT AND UPDATES +Licensee shall be eligible to receive Support and Updates during the Initial +Term, in accordance with Digia's then current policies and procedures, if any. +Such policies and procedures may be changed from time to time. Following the +Initial Term, Digia shall no longer make the Licensed Software available to +Licensee unless Licensee purchases additional Support and Updates according to +this Section 11 below. + +Licensee may purchase additional Support and Updates following the Initial Term +at Digia's terms and conditions applicable at the time of renewal. + +12. CONFIDENTIALITY +Each party acknowledges that during the Initial 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 employees 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 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 Digia and Licensee conflict with the terms of +this Section 12, this Section 12 shall be controlling over the terms of the +Non-Disclosure Agreement. + +13. GENERAL PROVISIONS +13.1 Marketing +Digia may include Licensee's company name and logo in a publicly available list +of Digia customers and in its public communications. + +13.2 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 Digia, which shall not be unreasonably withheld. Digia shall be entitled to +assign or transfer any of its rights, benefits or obligations under this +Agreement on an unrestricted basis. + +13.3 Termination +Digia may terminate the Agreement at any time immediately upon written notice by +Digia to Licensee if Licensee breaches this Agreement. + +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. + +Upon termination of this Agreement, Licensee shall return to Digia all copies of +Licensed Software that were supplied by Digia. 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 Digia a written confirmation +that this has occurred. + +13.4 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, 5.1, 6, 7, 8(iv), 10, 12, 13.5, 13.6, 13.9, 13.10 and +13.11 of this Agreement. Notwithstanding the foregoing, Section 5.1 shall not +survive if the Agreement is terminated for material breach. + +13.5 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 12. 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 Digia 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. + +13.6 Payment and Taxes +If credit has been extended to Licensee by Digia, all payments under this +Agreement are due within thirty (30) days of the date Digia mails its invoice to +Licensee. If Digia has not extended credit to Licensee, Licensee shall be +required to make payment concurrent with the delivery of the Licensed Software +by Digia. All amounts payable are gross amounts but exclusive of any value +added tax, use tax, sales tax or similar tax. Licensee shall be entitled to +withhold from payments any applicable withholding taxes and comply with all +applicable tax and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies imposed +on it under applicable laws, regulations and tax treaties as a result of this +Agreement and any payments made hereunder (including those required to be +withheld or deducted from payments). Each party shall furnish evidence of such +paid taxes as is sufficient to enable the other party to obtain any credits +available to it, including original withholding tax certificates. + +13.7 Force Majeure +Neither party shall be liable to the other for any delay or non-performance of +its obligations hereunder other than the obligation of paying the license fees +in the event and to the extent that such delay or non-performance is due to an +event of Force Majeure (as defined below). If any event of Force Majeure +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. A "Force Majeure" event shall mean an act of God, terrorist attack +or other catastrophic event of nature that prevents either party for fulfilling +its obligations under this Agreement. + +13.8 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 below. +Each communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or accompanied +by a translation thereof. + +Notices to Digia shall be given to: +Digia USA Inc +Suite 203 +2880 Zanker Road +San Jose +CA 95134 +U.S.A +Fax. + 1 408 433 9360 + +13.9 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/or +Modified Software and/or Applications 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, Modified Software or Applications. + +13.10 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 defence 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 13.10 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. + +13.11 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 Digia and its licensors. In addition, no licenses or immunities are +granted to the combination of the Licensed Software and/or Modified Software, as +applicable, with any other software or hardware not delivered by Digia under +this Agreement. + +13.12 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. + + + + +Appendix 1 + +1. Parts of the Licensed Software that are permitted for distribution +("Redistributables"): +- The Licensed Software's main and plug-in libraries in object code form +- The Licensed Software's configuration tool ("qtconfig") +- The Licensed Software's help tool in object code/executable form ("Qt + Assistant") +- The Licensed Software's internationalization tools in object code/executable + form ("Qt Linguist", "lupdate", "lrelease") +- The Licensed Software's designer tool ("Qt Designer") +- The Licensed Software's IDE tool ("Qt Creator") +- The Licensed Software's QML ("Qt Quick") launcher tool in object + code/executable form + + +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 tool for writing makefiles ("qmake") +- The Licensed Software's Meta Object Compiler ("moc") +- The Licensed Software's User Interface Compiler ("uic" or in the case of Qt + Jambi: "juic") +- The Licensed Software's Resource Compiler ("rcc") +- The Licensed Software's generator (only in the case of Qt Jambi) +- The License Software's Qt SDK + + + +QT COMMERCIAL LICENSE AGREEMENT + + +DIGIA USA INC. | SUITE 203 | 2880 ZANKER ROAD | SAN JOSE | CA 95134 | U.S.A. | +FAX + 1 408 433 9360 +PLACE OF REGISTERED OFFICE: DELAWARE | WWW.DIGIA.COM + + + + + |