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diff --git a/licenses/LICENSE-DESKTOP b/licenses/LICENSE-DESKTOP deleted file mode 100644 index 50e164e2..00000000 --- a/licenses/LICENSE-DESKTOP +++ /dev/null @@ -1,473 +0,0 @@ -Qt COMMERCIAL LICENSE AGREEMENT -Agreement version 3.9.1 - -This Qt Commercial License Agreement ("Agreement") is a legal agreement between -Digia Finland Ltd ("Digia"), 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 (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 Digia's 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 Finland Ltd - Attn: Qt Commercial -Valimotie 21 -FI-00380 Helsinki -Finland -Fax: +358 10 313 3700 - -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 construed and interpreted in accordance with the laws of -Finland, excluding its choice of law provisions. 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 the Central Chamber of Commerce of -Finland. 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. - -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. - - - - -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 if applicable) -- The Licensed Software's Qt SDK -QT COMMERCIAL LICENSE AGREEMENT - - -DIGIA FINLAND LTD | VALIMOTIE 21 | FI-00380 HELSINKI FINLAND | TEL +358 (0) 10 -313 3000 | FAX +358 (0) 10 313 3700 -PLACE OF REGISTERED OFFICE: HELSINKI | VAT REG. | BUSINESS ID 1091248-4 | -WWW.DIGIA.COM - - - - - |