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diff --git a/licenses/LICENSE.COMMERCIAL.FI b/licenses/LICENSE.COMMERCIAL.FI deleted file mode 100644 index 5db6afd3..00000000 --- a/licenses/LICENSE.COMMERCIAL.FI +++ /dev/null @@ -1,373 +0,0 @@ -Qt COMMERCIAL CREATOR LICENSE AGREEMENT -Agreement version 1.4 - -This Qt Commercial Creator 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 Qt Commercial Creator (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 Qt -Commercial Creator and either (i) Digia Qt Commercial software products, or (ii) -third party software products. - -"Qt Commercial Creator" shall mean the cross-platform integrated development -environment (IDE) that is delivered to Licensee by Digia under this Agreement -and designed to assist with development using Digia Qt Commercial software -products or other third party software products. "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 for whom Licensee has purchased -Digia Qt Commercial software licenses. "Initial Term" shall mean the period of -time one (1) year from the later of (a) the Effective Date; or (b) the date Qt -Commercial Creator 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 Solution was initially delivered to Licensee. - -"Digia Qt Commercial" shall mean the Qt 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 for the platforms supported by Qt Commercial Creator. "Party or -Parties" shall mean Licensee and/or Digia. - -"Redistributables" shall mean the object code of the Digia Qt Commercial -software products that may be distributed with or as part of Applications as -specified in the Digia Qt Commercial software license agreement. - -"Support" shall mean standard email based developer support that is provided by -Digia to assist eligible Designated Users in using Qt Commercial Creator in -accordance with its established support procedures listed at: -http://qt.digia.com/files/pdf/licenses/qt-commercial-standard-support-terms-and-conditions.pdf -"Updates" shall mean a release or version of Qt Commercial Creator containing -enhancement, new features, bug fixes, error corrections and other changes that -are generally made available to users of Qt Commercial Creator that have -contracted for maintenance and support. - -2. Ownership -Qt Commercial Creator and Digia Qt Commercial software products are protected by -copyright laws and international copyright treaties, as well as other -intellectual property laws and treaties. Qt Commercial Creator 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. To the extent any rights do not automatically vest in -Digia, Licensee assigns, and shall ensure that all of its Affiliates, agents, -subcontractors and employees assign, all such rights to Digia. All Nokia’s, -Digia's and its licensors' trademarks, service marks, trade names, logos or -other words or symbols are and shall remain the exclusive property of Nokia, -Digia or its licensors respectively. - -3. Validity of the Agreement -By installing, copying, or otherwise using Qt Commercial Creator, 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 -Qt Commercial Creator. - -In addition, by installing, copying, or otherwise using any Updates or other -components of Qt Commercial Creator that Licensee receives separately as part of -Qt Commercial Creator, 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 Qt Commercial Creator in the manner provided -below. - -4. Licenses -4.1 Using, modifying and copying -Digia grants to Licensee a non-exclusive, non-transferable, perpetual license to -use and copy Qt Commercial Creator for the Designated User(s) for whom Licensee -has purchased Digia Qt Commercial software licenses. Such use shall be for the -sole purposes of designing, developing and testing Applications. Licensee may -install copies of Qt Commercial Creator on an unlimited number of computers -provided that only the Designated Users use Qt Commercial Creator. 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. - -4.2 Distribution -Licensee may distribute unmodified versions of Qt Commercial Creator in object -code form. The distribution of the Digia Qt Commercial software-based -Applications and Redistributables shall be governed by the applicable Digia Qt -Commercial software license agreement between Licensee and Digia. The -distribution of Applications that do not contain Digia Qt Commercial software or -Redistributables shall be governed by the terms and conditions contained in such -third party software licenses and are not covered by this Agreement. - -Except as set forth herein, Licensee shall not transfer, assign or otherwise -dispose of Qt Commercial Creator. - -4.3 Further Requirements -The licenses granted in this Section 4 by Digia to Licensee are subject to -Licensee's compliance with Section 7 of this Agreement. - -5. 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 Qt Commercial -Creator. 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 Qt Commercial Creator 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 Qt Commercial -Creator. - -6. Third Party Software -Qt Commercial Creator 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 Qt Commercial Creator. In some cases, -access to Third Party Software may be included along with the Qt Commercial -Creator 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 Qt Commercial Creator (if applicable) or documented in Qt Commercial -Creator where the Third Party Software is used, as may be amended from time to -time, do not comprise part of Qt Commercial Creator. 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 Qt Commercial Creator referencing any portion of a Third Party Software may -require appropriate licensing from such third parties. - -7. Additional Conditions -The licenses rights granted in this Agreement are subject to all of the -following conditions: (i) Licensee may not remove or alter any copyright, -trademark or other proprietary rights notice contained in any portion of Qt -Commercial Creator; (ii) 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 created with the assistance of Qt Commercial Creator; (iii) -Applications must be developed using a licensed, registered copy of Qt -Commercial Creator and the relevant Qt Software product; and (iv) Licensee may -not use Digia's or any of its suppliers' names, logos, or trademarks under this -Agreement. - -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 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 . - -8. Limited Warranty and Warranty Disclaimer -Digia hereby represents and warrants with respect to Qt Commercial Creator that -it has the power and authority to grant the rights and licenses granted to -Licensee under this Agreement. Except as set forth above, Qt Commercial Creator -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 Qt Commercial Creator. - -9. 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 Qt -Commercial Creator, 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 Qt Commercial Creator, or (B) repair or replacement of Qt -Commercial Creator, provided Licensee returns to Digia all copies of Qt -Commercial Creator as originally delivered to Licensee. Digia shall not under -any circumstances be liable to Licensee based on failure of Qt Commercial -Creator 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. - -10. Support -Support will be made available by Digia to Licensee under the Digia Qt -Commercial software license agreement executed between Digia and Licensee, if -any. The scope of such support, if any, shall be limited to supported platforms -and shall be subject to the support policies and procedures which may be changed -from time to time. Following the Initial Term, Digia shall no longer make Qt -Commercial Creator available to Licensee unless Licensee purchases additional -Support and Updates. - -Licensee may purchase additional Support and Updates following the Initial Term -at Digia's terms and conditions applicable at the time of renewal. - -11. 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 11, this Section 11 shall be controlling over the terms of the -Non-Disclosure Agreement. - -12. General Provisions -12.1 Marketing -Digia may include Licensee's company name and logo in a publicly available list -of Digia customers and in its public communications. - -12.2 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. - -12.3 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 -Qt Commercial Creator that were supplied by Digia. All other copies of Qt -Commercial Creator 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. - -12.4 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, 4.1, 5, 6, 7(ii), 9, 11, 12.5, 12.8, 12.9 and 12.10 of -this Agreement. Notwithstanding the foregoing, Section 4.1 shall not survive if -the Agreement is terminated for material breach. - -12.5 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. - -12.6 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. - -12.7 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 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 - -12.8 Export Control -Licensee acknowledges that Qt Commercial Creator 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 Qt Commercial Creator and shall -procure all necessary governmental authorizations, including without limitation, -all necessary licenses, approvals, permissions or consents, where necessary for -the re-exportation of Qt Commercial Creator. - -12.9 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. - -12.10 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 Qt Commercial Creator with any other software or -hardware not delivered by Digia under this Agreement. - |