diff options
| author | Samuli Piippo <samuli.piippo@qt.io> | 2018-06-04 13:07:26 +0300 |
|---|---|---|
| committer | Samuli Piippo <samuli.piippo@qt.io> | 2018-08-14 07:34:09 +0000 |
| commit | 494e4fa32427230954f301cc0e8f6e7cdab4654e (patch) | |
| tree | 563497a4ff1794e0bb1008fd67abaeefe53b34fb | |
| parent | 7608ebe44f65f4d525081cf9a5b12cfa05792a8f (diff) | |
Update Qt license agreement
Include the latest Qt License Agreement version 4.0, as it's available
in qtbase. Use the same filename as used in meta-qt5 layer, so this license
will be used in all Qt recipes that use The-Qt-Company-Commercial license.
Change-Id: Ic02eb2c6c6d210ad30ee6a65d23afaa5b8b68589
Reviewed-by: Jani Heikkinen <jani.heikkinen@qt.io>
42 files changed, 967 insertions, 344 deletions
diff --git a/meta-boot2qt-distro/recipes-core/packagegroups/nativesdk-packagegroup-b2qt-embedded-toolchain-host.bb b/meta-boot2qt-distro/recipes-core/packagegroups/nativesdk-packagegroup-b2qt-embedded-toolchain-host.bb index 9f43fff3..21552d75 100644 --- a/meta-boot2qt-distro/recipes-core/packagegroups/nativesdk-packagegroup-b2qt-embedded-toolchain-host.bb +++ b/meta-boot2qt-distro/recipes-core/packagegroups/nativesdk-packagegroup-b2qt-embedded-toolchain-host.bb @@ -29,7 +29,7 @@ DESCRIPTION = "Host packages for B2Qt on embedded Linux SDK" PR = "r0" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" inherit nativesdk packagegroup diff --git a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-base.bb b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-base.bb index b6573e2a..3dbda886 100644 --- a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-base.bb +++ b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-base.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Packagegroup for B2Qt embedded Linux image" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer.bb b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer.bb index b1bec0e1..39e492ab 100644 --- a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer.bb +++ b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Additional gstreamer packagegroup for B2Qt embedded Linux image" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer010.bb b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer010.bb index af291c7c..29914a70 100644 --- a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer010.bb +++ b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-gstreamer010.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Additional gstreamer packagegroup for B2Qt embedded Linux image" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-tools.bb b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-tools.bb index 4a5fa39a..7dd16042 100644 --- a/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-tools.bb +++ b/meta-boot2qt-distro/recipes-core/packagegroups/packagegroup-b2qt-embedded-tools.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Additional tools packagegroup for B2Qt embedded Linux image" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/images/b2qt-automotive-qt5-image.bb b/meta-boot2qt-distro/recipes-qt/images/b2qt-automotive-qt5-image.bb index d0bdb166..b9c5fd0f 100644 --- a/meta-boot2qt-distro/recipes-qt/images/b2qt-automotive-qt5-image.bb +++ b/meta-boot2qt-distro/recipes-qt/images/b2qt-automotive-qt5-image.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "B2Qt Automotive Qt5 image" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" DEPLOY_CONF_TYPE = "Qt Automotive Suite $QT_VERSION" diff --git a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-ci-image.bb b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-ci-image.bb index 32773e14..1afeb7e4 100644 --- a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-ci-image.bb +++ b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-ci-image.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "B2Qt on embedded Linux SDK image" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" IMAGE_FEATURES += "\ diff --git a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt5-image.bb b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt5-image.bb index fa93851a..4c58a005 100644 --- a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt5-image.bb +++ b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt5-image.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "B2Qt embedded Qt5 image" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" PR = "r0" DEPLOY_CONF_TYPE = "Boot2Qt $QT_VERSION" diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-automotive-qbsp.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-automotive-qbsp.bb index 5595cc63..73a5078c 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-automotive-qbsp.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-automotive-qbsp.bb @@ -29,8 +29,8 @@ DESCRIPTION = "Meta task for QBSP creation" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" # get Qt version number require recipes-qt/qt5/qt5-git.inc diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb index dc2873f5..1d640114 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb @@ -29,8 +29,8 @@ DESCRIPTION = "Meta task for QBSP creation" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" # get Qt version number require recipes-qt/qt5/qt5-git.inc diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-automotive-qt5-sdk.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-automotive-qt5-sdk.bb index 94bf48d3..11ce7861 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-automotive-qt5-sdk.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-automotive-qt5-sdk.bb @@ -29,8 +29,8 @@ DESCRIPTION = "B2Qt embedded Qt5 SDK toolchain" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" inherit populate_b2qt_qt5_sdk diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt5-sdk.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt5-sdk.bb index 65354ada..6841cdbc 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt5-sdk.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt5-sdk.bb @@ -29,8 +29,8 @@ DESCRIPTION = "B2Qt embedded Qt5 SDK toolchain" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" inherit populate_b2qt_qt5_sdk diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-automotive-qt5-toolchain-host.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-automotive-qt5-toolchain-host.bb index 7ce53c6e..8c4adaae 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-automotive-qt5-toolchain-host.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-automotive-qt5-toolchain-host.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Host packages for B2Qt automotive Qt5 SDK" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit nativesdk packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-embedded-qt5-toolchain-host.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-embedded-qt5-toolchain-host.bb index 10607e3f..9f2d1975 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-embedded-qt5-toolchain-host.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/nativesdk-packagegroup-b2qt-embedded-qt5-toolchain-host.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Host packages for B2Qt embedded Qt5 SDK" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit nativesdk packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-addons.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-addons.bb index 9fe38276..078763ae 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-addons.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-addons.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Automotive specific Qt packages" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-qt5-toolchain-target.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-qt5-toolchain-target.bb index 6ae1ef49..3b64622f 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-qt5-toolchain-target.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-automotive-qt5-toolchain-target.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Target packages for B2Qt Automotive Qt5 SDK" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-addons.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-addons.bb index 345fbaac..2e46a323 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-addons.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-addons.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Device Creation specific Qt packages" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-qt5-toolchain-target.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-qt5-toolchain-target.bb index fa217389..646239f5 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-qt5-toolchain-target.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-embedded-qt5-toolchain-target.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Target packages for B2Qt embedded Qt5 SDK" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" PR = "r0" inherit packagegroup diff --git a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-qt5-modules.bb b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-qt5-modules.bb index ba206188..cd5f35f5 100644 --- a/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-qt5-modules.bb +++ b/meta-boot2qt-distro/recipes-qt/packagegroups/packagegroup-b2qt-qt5-modules.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Qt5 modules" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" inherit packagegroup diff --git a/meta-boot2qt/conf/layer.conf b/meta-boot2qt/conf/layer.conf index 43c8441b..b8ba2226 100644 --- a/meta-boot2qt/conf/layer.conf +++ b/meta-boot2qt/conf/layer.conf @@ -39,7 +39,7 @@ BBFILE_PATTERN_b2qt := "^${LAYERDIR}/" BBFILE_PRIORITY_b2qt = "20" LICENSE_PATH += "${LAYERDIR}/licenses" -QT_LICENSE = "${LAYERDIR}/licenses/The-Qt-Company-DCLA-2.1" +QT_LICENSE = "${LAYERDIR}/licenses/The-Qt-Company-Commercial" B2QTBASE = "${LAYERDIR}" HOSTTOOLS += "git-lfs" diff --git a/meta-boot2qt/licenses/The-Qt-Company-Commercial b/meta-boot2qt/licenses/The-Qt-Company-Commercial new file mode 100644 index 00000000..74bd6bb4 --- /dev/null +++ b/meta-boot2qt/licenses/The-Qt-Company-Commercial @@ -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/meta-boot2qt/licenses/The-Qt-Company-DCLA-2.1 b/meta-boot2qt/licenses/The-Qt-Company-DCLA-2.1 deleted file mode 100644 index 5231cb1d..00000000 --- a/meta-boot2qt/licenses/The-Qt-Company-DCLA-2.1 +++ /dev/null @@ -1,290 +0,0 @@ -QT FOR DEVICE CREATION LICENSE AGREEMENT -Agreement version 2.1 - -This Qt for Device Creation License Agreement ("Agreement") is a legal agreement between The Qt Company Ltd ("The Qt Company") with its registered office at Valimotie 21, 00380 Helsinki, Finland and you (either an individual or a legal entity) ("Licensee") for the Licensed Software (as defined below). - -Please, read these license terms through carefully. By selecting "I accept the Agreement", you are deemed to accept these license terms and to commit yourself to observing them. When representing a legal entity, you should ensure your due authorization to approve these terms before you select "I accept the Agreement". Otherwise, we regard you as personally responsible for compliance with this Agreement. For clarity, please note that in case there already exists a signed license agreement between you and The Qt Company, this Agreement shall not override such an existing agreement but it shall continue to be valid subject to its applicable terms. - -Under this Agreement, the Licensee has purchased one (1) of the three (3) different below mentioned rights applicable to the Licensed Software (as defined below): -(i) A perpetual license, which shall be valid for an unlimited time as further stated in this Agreement ("Perpetual License"); or -(ii) A subscription license, which shall be valid for the time period specified by the Qt Company ("Subscription License"); or -(iii) A limited subscription license, which includes a discount in payment based on Licensee´s limited annual sales revenue, as further stated in Section 14.3 and www.qt.io, and which shall be valid for the time period specified by the Qt Company ("Limited Subscription License"). For clarity, Limited Subscription License shall not include any Support (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. - -"Continued-Usage Term" shall mean, depending on the option purchased by Licensee, either a) if you have purchased Perpetual License; perpetuity; or b) if you have purchased Subscription License or Limited Subscription License; the paid term. - -"Customers" shall mean the third parties to whom Licensee directly or indirectly distributes copies of the Licensed Software. -"Devices" shall mean devices or products that 1) are manufactured, sold or distributed by Licensee that include the Licensed Software, and 2) fulfill the definition of a Joint Hardware and Software Distribution. -"Deployment Platforms" shall mean those operating systems in which the Licensed Software can be distributed on according to the terms and conditions of this Agreement, especially Section 5.3. -"Development Platforms" shall mean those operating systems in which the Licensed Software can be used only for designing, developing and testing Applications, but not distributed in any form or used for any other purpose. -"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. - -"Distribution License" shall mean the license described under Section 5.3 of this Agreement. -"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, copyright, trademark and any other form of statutory protection of any kind and applications for any of the foregoing as well as any trade secrets. -"Joint Hardware and Software Distribution" shall mean either: -(i) distribution of a hardware device where, in its final end user configuration, the main user interface or substantial functionality of the device is provided by Application(s) created by Licensee or others, using Licensed Software or Licensed Software based software product, and depends on the Licensed Software or an open source version of Qt or any 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 or substantial functionality of such device is provided by Application(s) created by Licensee or others, using the Licensed Software, and depends on the Licensed Software. - -"License Certificate" shall mean the document accompanying the Licensed Software which specifies the modules which are licensed under the Agreement, Development Platforms, Deployment Platforms and Designated Users. - -"License Fee" shall mean the fee charged to Licensee for (i) each copy of the Licensed Software purchased, as well as (ii) reproduction and distribution of Licensed Software under the terms of this Agreement. -"License Packs" shall mean set of prepaid Distribution Licenses, as defined in Section 14.1. -"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. 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. - -"Online Services" shall mean any services or access to systems provided by The Qt Company to the Licensee over Internet in conjunction with the Licensed Software or for the purpose of use by the Licensee of the Licensed Software or Support. Using some of the Online Services may be subject to additional fees. - -"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 with or as part of Applications in object code form. - -"Renewal Term" shall mean a) in case the Licensee has purchased a Perpetual License: (i) a time period of twelve (12) months and b) in case the Licensee has purchased Subscription License or Limited Subscription License, a time period specified by The Qt Company at www.qt.io or directly to the Licensee. - -"Start-For-Free Term" shall mean the period from the later of (a) the Effective Date; or (b) the date the Licensed Software was initially delivered to Licensee by The Qt Company until the first Supported Term. 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. Unless otherwise agreed with The Qt Company in writing, the maximum duration of Start-For-Free Term shall be 30 days. - -"Support" shall mean standard developer support that is provided by The Qt Company to assist eligible Designated Users in using the Licensed Software in accordance with its established standard support procedures. - -"Supported Term" shall mean a time period that you have selected and paid for Support for the Licensed Software, calculated from either (i) the end of the Start-For-Free Term, or (ii) from the purchase of the Supported Term, or (iii) from end of the previous Supported Term, as applicable. For the Limited Subscription License, Supported Term shall mean a time period for which the Licensee has selected and paid for usage of Licensed Software. - -"Updates" shall mean a release or version of the Licensed Software containing enhancements, 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 The Qt Company 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 The Qt Company's and/or its licensors' trademarks, service marks, trade names, logos or other words or symbols are and shall remain the exclusive property of The Qt Company 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 accompanying the Licensed Software. 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 should 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 should not install, copy, or otherwise use such Updates. - -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. - -5. LICENSES GRANTED - -5.1 General - -5.1.1 Licensee is hereby granted a free of charge license for the Start-For-Free Term as described in Section 5.2 below. For clarity, Section 5.3 shall not apply for the Start-For-Free Term. - -5.1.2 Licensee may purchase additional license(s) for Continued-Usage Term, as described in Sections 5.2 and 5.3 below, subject to The Qt Company's payment terms and conditions applicable at the time of purchase. In addition, Licensee may purchase license(s) for the Continued-Usage Term without such a preceding Start-For-Free Term. - -5.2 Licenses granted during the Start-For-Free Term and the Continued-Usage Term - -5.2.1 Using, Modifying and Copying - -The Qt Company grants to Licensee a non-exclusive, non-transferable, limited term license to use, modify and copy the Licensed Software for Designated Users specified in the License Certificate for the sole purposes of: - -(i) designing, developing, and testing Application(s); -(ii) modifying the Licensed Software as limited by section 8 below; and -(iii) compiling the Licensed Software and/or Modified Software source code into object code. - -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 during the Supported Term designate another Designated User to replace a then-current Designated User by notifying The Qt Company, 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. - -5.3 Limited Redistribution Right for the Continued-Usage Term Only - -The limited distribution licenses granted in this Section 5.3 shall only be applicable to the Continued-Usage Term, but not to Start-For-Free Term. - -The Qt Company grants to Licensee a non-exclusive, non-transferable license to, for the purpose of creating Devices, (a) install Applications and copies of the Redistributables (listed in Appendix 1, Section 1, in object code form only) in Devices and/or bundle or integrate copies of the Licensed Software (in object code form only) into or with Devices and other services for execution on the specified Deployment Platforms; (b) distribute Licensed Software (in object code form only) to one or more tiers of distributors as incorporated or integrated in Devices; and (c) sublicense the Licensed Software (in object code form only), as incorporated or integrated in Devices, to end users under Licensee's standard terms and conditions, which must meet the requirements set out in Appendix 2 (collectively, the "Distribution License"). This Distribution License does not entitle Licensee to receive, or grant Licensee any rights with respect to any source code. Should any third party that has received a product, software and/or a sublicense from Licensee in accordance with the provisions above, wish to use the product and sublicensed software in a manner not warranted in Appendix 2, such third party must request a licensing agreement for this purpose directly from The Qt Company. Licensee may also reproduce and distribute the Licensed Software (in object code form only) under the Distribution License independent of the Device, (i.e. the Licensed Software may be reproduced and distributed by Licensee to others as a stand-alone or independent product or for use independent of the Device). The Distribution License provided under this Section 5.3 is conditional, subject to Licensee´s full compliance of Section 14 of this Agreement. All reproduction and distribution of the Licensed Software or any portion thereof requires the payment of License Fees from Licensee to The Qt Company. - -The licenses granted in this Section by The Qt Company to Licensee are subject to Licensee's compliance with Section 5.4 of this Agreement. - -For the avoidance of doubt, should the Licensee wish to distribute Licensed Software as a part of software development kit (SDK) for the purpose of developing Applications by Licensee´s customers for Licensee´s products, such distribution is subject to a separate Qt SDK distribution license agreement to be concluded with The Qt Company. - -5.4 Further Requirements - -The licenses granted in this Section 5 by The Qt Company to Licensee are subject to Licensee's compliance with Section 8 of this Agreement. - -6. VERIFICATION -The Qt Company or a certified auditor on The Qt Company'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. The Qt Company will 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 The Qt Company's reasonable costs of conducting the audit. In the case of a material violation, Licensee agrees to pay The Qt Company any amounts owing that are attributable to the unauthorized use. Alternatively, The Qt Company reserves the right, at The Qt Company'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 (i) that some part of Third Party Software may require additional licensing of copyright and patents from the owners of such, and (ii) 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 -The licenses granted in this Agreement for Licensee to create, modify and distribute Applications is subject to all of the following conditions: (i) all copies of the Applications 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; (iii) Licensee will indemnify and hold The Qt Company, its Affiliates, contractors, and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of Applications; (iv) Applications must be developed using a licensed, registered copy of the Licensed Software; (v) Applications must add primary and substantial functionality to the Licensed Software; (vi) 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); (vii) Licensee may create Modified Software that breaks the source or binary compatibility with the Licensed Software. This includes, but is not limited to, changing the application programming interfaces ("API") by adding, changing or deleting any variable, method, or class signature in the Licensed Software, the inter-process QCop specification, and/or any inter-process protocols, services or standards in the Licensed Software libraries. To the extent that Licensee 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; (viii) Applications may not compete with the Licensed Software; (ix) Licensee may not use The Qt Company's or any of its suppliers' names, logos, or trademarks to market Applications, except to state that Licensee's Application(s) was developed using the Licensed Software; and (x) each Designated User creating the Application(s) needs to have a separate license for the Licensed Software. - -NOTE: If Licensee, or another third party, has, at any time, developed or distributed all (or any portions of) the Application(s) using an open source version of Qt 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"), Licensee may contact The Qt Company via email to address sales@qt.io to ask for the necessary permission to combine such development work with the Licensed Software. The Qt Company shall evaluate Licensee´s request, and respond to the request with estimated license costs and other applicable terms and details relating to the permission for the Licensee, depending on the actual situation in question. Copies of the licenses referred to above are located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, https://www.gnu.org/licenses/lgpl-3.0.html, http://www.fsf.org/licensing/licenses/info/GPLv2.html, and http://www.gnu.org/copyleft/gpl-3.0.html. - -9. PRE-RELEASE CODE -The Licensed Software may contain pre-release code and functionality marked or otherwise stated as "Technology Preview", "Alpha", "Beta" or similar. Such pre-release code may be present in order to provide experimental support for new platforms or preliminary version of new functionality. The pre-release code is not at the level of performance and compatibility of a final, generally available, product offering. The pre-release parts of 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 under no obligation to make pre-release code commercially available, or provide any Support or Updates relating thereto. - -10. LIMITED WARRANTY AND WARRANTY DISCLAIMER -The Qt Company 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, THE QT COMPANY ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL WARRANTIES, 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. THE QT COMPANY DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS 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. -11. LIMITATION OF LIABILITY - -11.1 Risk Allocation -If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is held to be 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 all copies of the Licensed Software to The Qt Company as originally delivered to Licensee. - -EXCEPT FOR INJURY TO PERSONS OR IN CASES OF INTENTIONAL MISCONDUCT AND IN CASE OF THE LICENSEE WITH RESPECT TO AMOUNTS PAYABLE UNDER SECTION 14 OR LICENSEE'S MATERIAL BREACH OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE, WHATEVER THE CAUSE THEREOF, FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY FOR SUCH DAMAGE SHALL BE EXCLUDED, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. -EXCEPT FOR INJURY TO PERSONS OR IN CASES OF INTENTIONAL MISCONDUCT AND IN CASE OF THE LICENSEE WITH RESPECT TO AMOUNTS PAYABLE UNDER SECTION 14 OR LICENSEE'S MATERIAL BREACH OF THIS AGREEMENT 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 RECEIVED FROM LICENSEE FOR THE LICENSED SOFTWARE DURING THE PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT RESULTING IN SUCH LIABILITY. -THE PROVISIONS OF THIS SECTION 11 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. - -11.2 No Third Party Representations, Warranties or Transfers -Licensee shall make no representations or warranties concerning the Licensed Software on behalf of The Qt Company, nor shall Licensee sell, transfer, publish, disclose, display or otherwise make available the Licensed Software, or copies thereof, to any third party except as specifically set forth herein or in another written agreement with 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. -11.3 Licensee´s Indemnification -Licensee shall indemnify and hold harmless The Qt Company and its officers, directors, employees, representative, licensors, and suppliers from and against any claim, injury, judgment, settlement, loss or expense, including attorneys' fees, arising as a consequence of: (a) Licensee's breach of its warranties or any other provisions of this Agreement, including, but not limited to, (i) the failure of Licensee to comply with the provisions of this Section 11, (ii) any misrepresentations of Licensee in connection with The Qt Company or the Licensed Software, and (iii) any other wrongful conduct of Licensee, its employees, representatives, agents, or (b) the Device. - -12. SUPPORT, UPDATES AND ONLINE SERVICES -Licensee will be eligible to receive Support and Updates and to use the Online Services during the Supported Term, in accordance with The Qt Company's then current policies and procedures, if any. Such policies and procedures may be changed from time to time. For clarity, under the Limited Subscription License, the Licensee shall not be eligible to receive any Support for the Licensed Software. - -As for the Perpetual License, unless Licensee notifies The Qt Company in writing no less than 30 days prior to each expiry of Supported Term, Supported Term may, at the Qt Company's option be extended by Renewal Term, subject to due payments by Licensee and subject to The Qt Company's terms and conditions applicable at the time of extension. - -In the event Licensee selects not to have Supported Term extended, The Qt Company shall, following the expiry of Supported Term, no longer make the Licensed Software, Support, Updates or Online Services available to Licensee. - -Licensee shall be responsible for providing service and support to Licensee's Customers with respect to the Licensed Software. Licensee, as appropriate, shall inform Licensee's Customers that all requests for support or service are to be made to Licensee, and not to The Qt Company. - -Updates shall be considered to be Licensed Software and governed by this Agreement as such, unless The Qt Company designates that a different agreement shall govern. Licensee shall be responsible for distributing patches and fixes to Customers if and as The Qt Company reasonably requests. -13. CONFIDENTIALITY -Each party acknowledges that during the Start-For-Free-Term and Supported 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 ("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 Supported 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 13, this Section 13 shall be controlling over the terms of the Non-Disclosure Agreement. - -14 FEES, ORDERS, DELIVERY AND PAYMENT -14.1 DISTRIBUTION LICENSE FEES -The Distribution License provided under Section 5.3 is conditional on the Licensee purchasing the needed amount of Distribution Licenses separately from The Qt Company before distributing Devices to Customers. Distribution licenses are sold in License Packs subject to a fee. -The License Fee for a Distribution License purchased by Licensee cannot be refunded or claimed as a credit, even on the ground that it is not distributed, by sale or otherwise, from Licensee to Customers or for any other reason. -Licensee will have an account of Distribution Licenses that will be applied to each copy of Licensed Software that is bundled or integrated with any of the Devices or that is distributed to Customers. Licensee may bundle, integrate and distribute copies of the Licensed Software so long as Licensee has Distribution Licenses paid for, but not yet used. Each time Licensee bundles, integrates or distributes a copy of Licensed Software, then one Distribution License is used, and Licensee's account of available Distribution Licenses is decreased accordingly. -14.2 DISTRIBUTION LICENSES ORDERED -Licensee shall submit all purchase orders for 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"). If The Qt Company wishes to accept the Purchase Order, The Qt Company may then confirm and return the Purchase Order to Licensee, whereupon the Purchase Order shall become binding between the Parties. In the event of conflict or inconsistency between this Agreement and a Purchase Order, this Agreement shall control. -14.3 PAYMENT TERMS -The Qt Company will submit an invoice to Licensee any time after The Qt Company receives a subsequent purchase order(s) from Licensee, and delivers the goods or services described in the Agreement or purchase order to Licensee. Licensee's payments for the Licensed Software and any other charges under this Agreement shall be paid by Licensee no later than thirty (30) days from the time The Qt Company mails its invoices to Licensee. A late payment charge of the lower of (a) one percent per month; or (b) the highest interest rate allowed by applicable law, shall be charged on unpaid balances that remain past due for more than thirty (30) days. The Qt Company shall have the right to suspend, terminate or withhold Distribution Licenses, License Certificates, deliveries and/or services should Licensee fail to make payment in a timely fashion. -Licensee shall at all times maintain accurate and up-to-date written records of the number of copies of the Licensed Software that Licensee installs in each Device(s). -As for the Limited Subscription License, the fees under this Agreement applicable for the Licensee, as further stated in www.qt.io, are subject to Licensee´s annual sales revenue being smaller than one hundred thousand (<100,000) USD. In case the Licensee´s annual sales revenue would increase up to one hundred thousand (100,000) USD or more, (i) the Licensee shall inform The Qt Company without undue delay in written form of such increase, and (ii) The Qt Company shall reserve the right to change applicable pricing for The Licensee, depending on The Qt Company´s then current pricing, as further stated in www.qt.io. The Licensee shall have the obligation, upon reasonable prior request by The Qt Company, to prove that its annual sales revenue is smaller than one hundred thousand (<100,000) USD in order for the Licensee to be entitled to continue using the Limited Subscription License. - -14.4 TAXES -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. -15 RECORD-KEEPING AND REPORTING OBLIGATIONS; AUDIT RIGHTS -15.1 LICENSEE'S RECORD-KEEPING -Licensee shall at all times maintain accurate and up-to-date written records of Licensee's activities related to the Licensed Software and Distribution Licenses, including copying and distribution. The records shall be adequate to determine Licensee's compliance with the provisions of this Agreement and to demonstrate the number of Distribution Licenses of the Licensed Software distributed by Licensee. The records shall conform to good accounting practices commonly accepted in the industry and consistently applied. -Licensee shall, within thirty (30) days from the end of each calendar quarter, deliver to The Qt Company a report detailing the number of copies of Licensed Software distributed by Licensee during that calendar quarter, and detailing also the number of undistributed copies of Licensed Software made by Licensee and remaining in its account (i.e., undistributed copies for which Distribution Licenses have been or need to be obtained from The Qt Company). Such report shall contain such other information as The Qt Company shall require from time to time. -15.2. THE QT COMPANY'S INSPECTION RIGHTS -The Qt Company or an independent auditor on The Qt Company's behalf, may, upon at least five (5) business days' prior written notice and at its expense, audit Licensee with respect to the use of the Licensed Software, 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 shall be entitled to inspect Licensee's books and records that 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, distribution records ("Licensee's Records") The Qt Company 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 The Qt Company's reasonable costs of conducting the audit. In the case of a material violation, Licensee agrees to pay The Qt Company any amounts owing that are attributable to the unauthorized use. In the alternative, The Qt Company reserves the right, at The Qt Company's sole option, to terminate the licenses for the Licensed Software. -16. GENERAL PROVISIONS -16.1 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. The Qt Company shall be entitled to assign or transfer any of its rights, benefits or obligations under this Agreement on an unrestricted basis. - -16.2 Termination -16.2.1 Termination by The Qt Company -The Qt Company shall have the right to terminate this Agreement upon thirty (30) days prior written notice if (i) the Licensee is in breach of any material obligation under this Agreement and the breaching Party fails to remedy such breach within such notice period; (ii) any Third Party Software license grant to The Qt Company terminates or expires; or (iii) Licensee or any of its Affiliates bring a suit before any court or administrative agency or otherwise assert a claim for infringement of Intellectual Property Rights owned or licensable by Licensee or its Affiliates against (a) The Qt Company or any of its Affiliates; or (b) any other recipient of a license from The Qt Company with respect to the Licensed Software; or (c) any contractor, customer or distributor of a Party listed above in a or b; where such suit or claim relates to the use of the Licensed Software. -16.2.2 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. - -16.2.3 Parties´ Rights and Duties upon Termination -16.2.3.1 Licensed Software which has not been subject to Distribution - -Upon termination of the Licenses, Licensee shall cease using the Licensed Software and 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. - -16.2.3.2 Licensed Software which has been distributed in connection with Licensed Products - -Upon termination or expiration of this Agreement, the following rights granted hereunder, shall terminate, as follows: -a) Licensee shall, within: (i) thirty (30) days if termination is based on Sections 16.2.1, 16.2.2, 15.2; or (ii) within six (6) months of the termination date, if termination is based on any other reason, discontinue all copying, embedding, production and distribution of any copies of the Licensed, and will cause any third parties who obtained from it the right to manufacture or distribution of copies of the Licensed Software to do likewise. -b) Any termination of this Agreement shall not affect any rights of an end-user to use the Licensed Software. -c) Licensee shall cease using the Licensed Software as provided for above, including without limitation all source code, master diskettes and tapes, user manuals for the Licensed Software and Documentation, and deliver such to The Qt Company and/or permanently destroy all copies of the Licensed Software and all materials relating to the Licensed Software, except that Licensee may retain and exploit only such copies of the Licensed Software as it may reasonably require in providing continued support to its end-user customers, and will certify that that is the case upon the request of the The Qt Company. - -16.3 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 surviving terms and conditions include, but are not limited to the Section 13. - -16.4 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 13. 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. - -16.5 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. - -16.6 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 The Qt Company shall be given to: - The Qt Company Ltd - Attn: Legal - Valimotie 21 - FI-00380 Helsinki - Finland - Fax: +358 10 313 3700 - -16.7 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. - -16.8 Personal Data - -For the purposes of this Agreement, personal data shall include but is not limited to: individual user´s name, email address, telephone number, profile, and any other information from which the individual user can be identified (“Personal Data”). Upon signing of this Agreement, the Licensee explicitly gives its consent to the process and transfer of any Personal Data relating to the Licensee or its Designated Users, for the purposes stated below. - -The Qt Company may pass Personal Data outside The Qt Company group (1) if and to the extent a third party service provider has a strict need-to-know basis for such Personal Data to be able to provide its services to The Qt Company, or (2) in order to comply with the law or requests of governmental entities. Given the global nature of The Qt Company´s business, processing information for such purposes may involve a cross-border transfer of Personal Data. In addition, The Qt Company may collect individual user´s IP address and browser cookies about the use of services or tools relating to Licensed Software, and visits to The Qt Company´s web pages. - -In processing and transferring Personal Data The Qt Company shall comply with all applicable European or foreign data protection laws as effective from time to time. - -16.9 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 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. - -16.10 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 The Qt Company 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 The Qt Company under this Agreement. - -Appendix 1 - -1. Parts of the Licensed Software that are permitted for distribution ("Redistributables") -- The Licensed Software's essential and add-on libraries that have been included in an officially released version of the Licensed Software, 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"), excluding any parts or plug-ins which are delivered to Licensee only in object code -- The Licensed Software's QML ("Qt Quick") launcher tool ("qmlscene" and "qmlviewer") in object code/executable form -- The Licensed Software's installer framework - -2. Parts of the Licensed Software that are not permitted for distribution without a separate SDK distribution license agreement 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" 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 parts of the IDE tool ("Qt Creator") that are delivered to Licensee only in object code -- The Licensed Software's Emulator -- Build scripts, recipes and other material for creating the configuration of Licensed Software and/or 3rd party components, including the reference operating system configuration delivered in conjunction with the Licensed Software - -Appendix 2: Distribution Licensing - -I - Definitions -The terms used in this Appendix 2 shall have the same meaning as defined in the main part of the Agreement. -"Sublicensed Software" shall mean the Licensed Software, which is sublicensed to end-users (Sublicensees) in accordance with Section 5.3 of the Agreement. -"Sublicensee" shall mean the end-user to which the Sublicensed Software is licensed. -"Sublicense" shall mean the license given by Licensee to Sublicensee in accordance with Section 5.2 of the Agreement and this Appendix 2. -II - Sublicensing -The sublicensing referred to in Section 5.3 of the Agreement must satisfy the criteria set forth under sections 1 - 11 below: -1. Source code. -Only the object code of the Sublicensed Software may be sublicensed. Unless authorized in a separate agreement with The Qt Company, the source code may not be sublicensed. -2. End-User Documentation. -Sublicensee may be given the right to use the end-user Documentation, provided that such rights are limited to use in connection with the Sublicensed Software. Whenever the context reasonably permits, any reference in this Appendix to Sublicensed Software shall also apply to the end-user Documentation. -3. Limitations on Numbers of Computers and Processors. -The Sublicensee's right to use the Sublicensed Software must be limited so that each Sublicense can only be used on a single computer or processor within the possession and control of the Sublicensee. Each Sublicense may not withstanding the foregoing also cover additional computers or processors, but in such case, each additional computer or processor covered by the Sublicense shall require Licensee's purchase of one additional Distribution license from The Qt Company. -4. Limits on Use, Distribution and Derivative Works. -The Sublicense and Sublicensee's rights must be limited to Sublicensee's internal use purposes only and must not include any license, right or authorization to distribute or disclose any copy or portion of the Sublicensed Software to any other person. Sublicensee must not be given the right to modify or create derivative works based on the Sublicensed Software, and it must be stated explicitly in the Sublicense that such modification or creation is prohibited. - -5. Copies. -Sublicensee may be given the right to make copies of the Sublicensed Software, provided that any such copy: (a) is created as an essential step in the utilization of Sublicensed Software in accordance with the Sublicense, or (b) is only for archival purposes to back-up the licensed use of Sublicensed Software. Sublicensee may also be given the right to make copies of Sublicensed Software to the extent reasonably needed to exercise rights under the Sublicense. Sublicensee must be obliged under the Sublicense to make sure that all The Qt Company trademark, copyright and intellectual property notices are faithfully reproduced and included on copies made by Sublicensee. Sublicensee may be given the right to make copies of the Documentation, but only as reasonably needed to facilitate the use of Sublicensed Software. Sublicensee may not be given the right to make any other copies of Licensed Software or Documentation unless and except as permitted by The Qt Company in a separate, written agreement. -6. Other Versions and Updates. -If Licensee is entitled to Updates in accordance with Section 12of the Agreement, such Updates may also be sublicensed, subject to the terms and conditions found in this Appendix 2. -7. Protection of Sublicensed Software. -Except as expressly permitted in this Appendix 2 (or in another written agreement with The Qt Company), Sublicensee must not be given any rights to modify or create derivative works based on Sublicensed Software, or reproduce Sublicensed Software, or distribute any copies of Sublicensed Software, or disclose any Sublicensed Software to any third party, or decompile, disassemble or otherwise reverse engineer Sublicensed Software, or use any Sublicensed Software or information learned therefrom. Sublicensee must as part of the contractual terms in the Sublicense acknowledge that The Qt Company and its licensors own the copyrights and other intellectual property in and to the Sublicensed Software. -8. Disclaimers Of Warranties. -Licensee may not give any warranties regarding the Sublicensed Software to Sublicensee on behalf of The Qt Company. -9. Responsibility of Sublicensee. -Sublicensee shall, as part of the Sublicense, be made responsible for decisions made and actions taken based on Sublicensed Software. Sublicensee shall as part of the contractual terms of the Sublicense be made aware that the Sublicensed Software is not designed, intended or licensed for use in or with systems, devices or products intended for surgical implant into the body or other applications intended to support or sustain life or for any aviation or nuclear reactor application or any other application in which the software or its failure, malfunction or inadequacy could directly or indirectly cause or contribute to personal injury or death or significant property damage. It shall further be stated in the Sublicense that it is Sublicensee's responsibility to ascertain the suitability of Sublicensed Software for any situation or application. It shall also be stated that the Sublicense defines a mutually agreed-upon allocation of risk and the Sublicense fees reflect such allocation of risk. -10. Termination. -Licensee shall, as part of the terms of the Sublicense, be entitled to terminate the Sublicense granted to Sublicensee if Sublicensee breaches terms and conditions set to comply with this Appendix 2. The Qt Company may instruct Licensee to terminate the Sublicense without undue delay if termination is warranted in accordance with the foregoing. Upon termination of the Sublicense, Sublicensee shall be obliged to immediately cease all use of Sublicensed Software and to destroy all copies of Sublicensed Software within the possession or control of Sublicensee. -11. Mandatory law. -The requirements above shall not apply to the extent they contravene mandatory provisions of the law governing the Sublicense, but in such case, The Qt Company shall be notified about the changes. - diff --git a/meta-boot2qt/recipes-core/initramfs-basic/init-basic.bb b/meta-boot2qt/recipes-core/initramfs-basic/init-basic.bb index 25039e7b..39d590ac 100644 --- a/meta-boot2qt/recipes-core/initramfs-basic/init-basic.bb +++ b/meta-boot2qt/recipes-core/initramfs-basic/init-basic.bb @@ -28,8 +28,8 @@ ############################################################################ SUMMARY = "Simple init script that mounts root filesystem by label." -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" SRC_URI = "file://init.sh" S = "${WORKDIR}" diff --git a/meta-boot2qt/recipes-core/initramfs-basic/initramfs-basic.bb b/meta-boot2qt/recipes-core/initramfs-basic/initramfs-basic.bb index 31388d35..283a6816 100644 --- a/meta-boot2qt/recipes-core/initramfs-basic/initramfs-basic.bb +++ b/meta-boot2qt/recipes-core/initramfs-basic/initramfs-basic.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "Basic initramfs image. Useful as a template for more advanced functionality." -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" # findfs from busybox fails to do its jobs, the full version from util-linux-findfs works fine PACKAGE_INSTALL = "init-basic busybox util-linux-findfs ${ROOTFS_BOOTSTRAP_INSTALL}" diff --git a/meta-boot2qt/recipes-graphics/opengldummy/opengldummy.bb b/meta-boot2qt/recipes-graphics/opengldummy/opengldummy.bb index 3f68b177..b54ea86a 100644 --- a/meta-boot2qt/recipes-graphics/opengldummy/opengldummy.bb +++ b/meta-boot2qt/recipes-graphics/opengldummy/opengldummy.bb @@ -29,8 +29,8 @@ DESCRIPTION = "OpenGL dummy library provides headers and a dummy library for EGL/GLES" SECTION = "devel" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" PV = "1.0.0" diff --git a/meta-boot2qt/recipes-graphics/opengldummy/qtglesstream-dummy-client.bb b/meta-boot2qt/recipes-graphics/opengldummy/qtglesstream-dummy-client.bb index 1d4e2237..294ea469 100644 --- a/meta-boot2qt/recipes-graphics/opengldummy/qtglesstream-dummy-client.bb +++ b/meta-boot2qt/recipes-graphics/opengldummy/qtglesstream-dummy-client.bb @@ -29,8 +29,8 @@ DESCRIPTION = "QtGlesStream dummy client provides headers and a dummy library for EGL/GLES" SECTION = "devel" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" PV = "1.0.0" SOLIBMAJOR = "1" diff --git a/meta-boot2qt/recipes-qt/automotive/neptune3-ui_git.bb b/meta-boot2qt/recipes-qt/automotive/neptune3-ui_git.bb index 82aaac04..061e3a8e 100644 --- a/meta-boot2qt/recipes-qt/automotive/neptune3-ui_git.bb +++ b/meta-boot2qt/recipes-qt/automotive/neptune3-ui_git.bb @@ -29,7 +29,7 @@ ############################################################################ DESCRIPTION = "Neptune 3 IVI UI" -LICENSE = "Apache-2.0 & ( GPL-3.0 | The-Qt-Company-DCLA-2.1 )" +LICENSE = "Apache-2.0 & ( GPL-3.0 | The-Qt-Company-Commercial )" LIC_FILES_CHKSUM = "\ file://LICENSE.GPL3;md5=0d02f21f8e2533ecc519e2ed96bc94a2 \ file://imports/assets/fonts/LICENSE.txt;md5=3b83ef96387f14655fc854ddc3c6bd57 \ diff --git a/meta-boot2qt/recipes-qt/automotive/qtapplicationmanager_git.bb b/meta-boot2qt/recipes-qt/automotive/qtapplicationmanager_git.bb index 4374856e..75b7b0e7 100644 --- a/meta-boot2qt/recipes-qt/automotive/qtapplicationmanager_git.bb +++ b/meta-boot2qt/recipes-qt/automotive/qtapplicationmanager_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Qt component for application lifecycle management" -LICENSE = "(GFDL-1.3 & The-Qt-Company-GPL-Exception-1.0 & (LGPL-3.0 | GPL-2.0+)) | The-Qt-Company-DCLA-2.1" +LICENSE = "(GFDL-1.3 & The-Qt-Company-GPL-Exception-1.0 & (LGPL-3.0 | GPL-2.0+)) | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.GPL3;md5=ff238b33ff354a0d8d79851a9c061717" inherit qt5-module diff --git a/meta-boot2qt/recipes-qt/automotive/qtivi_git.bb b/meta-boot2qt/recipes-qt/automotive/qtivi_git.bb index 6a59f4ba..aa517749 100644 --- a/meta-boot2qt/recipes-qt/automotive/qtivi_git.bb +++ b/meta-boot2qt/recipes-qt/automotive/qtivi_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Qt IVI" -LICENSE = "(GFDL-1.3 & BSD & The-Qt-Company-GPL-Exception-1.0 & (LGPL-3.0 | GPL-2.0+)) | The-Qt-Company-DCLA-2.1" +LICENSE = "(GFDL-1.3 & BSD & The-Qt-Company-GPL-Exception-1.0 & (LGPL-3.0 | GPL-2.0+)) | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.FDL;md5=6d9f2a9af4c8b8c3c769f6cc1b6aaf7e \ file://LICENSE.GPL2;md5=b234ee4d69f5fce4486a80fdaf4a4263 \ file://LICENSE.GPL3;md5=d32239bcb673463ab874e80d47fae504 \ diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-appcontroller_git.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-appcontroller_git.bb index d1f87221..b921c23d 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-appcontroller_git.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-appcontroller_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Boot to Qt Appcontroller" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://main.cpp;md5=f25c7436dbc72d4719a5684b28dbcf4b;beginline=1;endline=17" inherit qmake5 diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-demos_git.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-demos_git.bb index c63de9a0..f21eb396 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-demos_git.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-demos_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Boot to Qt Demos" -LICENSE = "BSD | The-Qt-Company-DCLA-2.1" +LICENSE = "BSD | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://about-b2qt/AboutBoot2Qt.qml;md5=b0a1a6eef4a172b0a8cb4dad9a167d91;beginline=1;endline=49" inherit qmake5 diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-launcher_git.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-launcher_git.bb index aa597e8a..b743945c 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-launcher_git.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/boot2qt-launcher_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Boot to Qt Demo Launcher" -LICENSE = "(BSD & GPL-3.0) | The-Qt-Company-DCLA-2.1" +LICENSE = "(BSD & GPL-3.0) | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.GPL3;md5=d32239bcb673463ab874e80d47fae504" inherit qmake5 diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/democompositor_git.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/democompositor_git.bb index 3d9a196e..cc05383c 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/democompositor_git.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/democompositor_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Boot to Qt Wayland Demo Compositor" -LICENSE = "BSD | The-Qt-Company-DCLA-2.1" +LICENSE = "BSD | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://main.cpp;md5=b0a1a6eef4a172b0a8cb4dad9a167d91;beginline=1;endline=49" inherit qmake5 diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/qdb_git.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/qdb_git.bb index 5615473b..5eebaeab 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/qdb_git.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/qdb_git.bb @@ -29,7 +29,7 @@ DESCRIPTION = "Qt Debug Bridge Daemon" SECTION = "devel" -LICENSE = "GPL-3.0 | The-Qt-Company-DCLA-2.1" +LICENSE = "GPL-3.0 | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.GPL3;md5=d32239bcb673463ab874e80d47fae504" inherit distro_features_check diff --git a/meta-boot2qt/recipes-qt/qt5/installer-framework-native_3.0.1.bb b/meta-boot2qt/recipes-qt/qt5/installer-framework-native_3.0.1.bb index 5bc09c03..a463cead 100644 --- a/meta-boot2qt/recipes-qt/qt5/installer-framework-native_3.0.1.bb +++ b/meta-boot2qt/recipes-qt/qt5/installer-framework-native_3.0.1.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "Qt Installer Framework" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" inherit bin_package native diff --git a/meta-boot2qt/recipes-qt/qt5/qmlpreview_git.bb b/meta-boot2qt/recipes-qt/qt5/qmlpreview_git.bb index d22e1d0d..1de4199b 100644 --- a/meta-boot2qt/recipes-qt/qt5/qmlpreview_git.bb +++ b/meta-boot2qt/recipes-qt/qt5/qmlpreview_git.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "QML Live Preview debug service" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" inherit qt5-module require recipes-qt/qt5/qt5-git.inc diff --git a/meta-boot2qt/recipes-qt/qt5/qtdeviceutilities_git.bb b/meta-boot2qt/recipes-qt/qt5/qtdeviceutilities_git.bb index f4452332..f7065b0f 100644 --- a/meta-boot2qt/recipes-qt/qt5/qtdeviceutilities_git.bb +++ b/meta-boot2qt/recipes-qt/qt5/qtdeviceutilities_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Qt Device Utilities" -LICENSE = "GPL-3.0 | The-Qt-Company-DCLA-2.1" +LICENSE = "GPL-3.0 | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.GPL3;md5=d32239bcb673463ab874e80d47fae504" inherit qt5-module diff --git a/meta-boot2qt/recipes-qt/qt5/qtglesstream_git.bb b/meta-boot2qt/recipes-qt/qt5/qtglesstream_git.bb index 0f942e7c..a5a05f25 100644 --- a/meta-boot2qt/recipes-qt/qt5/qtglesstream_git.bb +++ b/meta-boot2qt/recipes-qt/qt5/qtglesstream_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "QtGlesStream" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://qtglesstream.pro;md5=875f34471470b09977705aed7863e440" inherit qt5-module diff --git a/meta-boot2qt/recipes-qt/qt5/qtotaupdate_git.bb b/meta-boot2qt/recipes-qt/qt5/qtotaupdate_git.bb index 495598a4..650624f7 100644 --- a/meta-boot2qt/recipes-qt/qt5/qtotaupdate_git.bb +++ b/meta-boot2qt/recipes-qt/qt5/qtotaupdate_git.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "Qt OTA Update module" -LICENSE = "GPL-3.0 | The-Qt-Company-DCLA-2.1" +LICENSE = "GPL-3.0 | The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://LICENSE.GPL3;md5=d32239bcb673463ab874e80d47fae504" inherit qt5-module diff --git a/meta-boot2qt/recipes-qt/qt5/qtquicktimeline_git.bb b/meta-boot2qt/recipes-qt/qt5/qtquicktimeline_git.bb index 9e6b0510..74a66c08 100644 --- a/meta-boot2qt/recipes-qt/qt5/qtquicktimeline_git.bb +++ b/meta-boot2qt/recipes-qt/qt5/qtquicktimeline_git.bb @@ -28,8 +28,8 @@ ############################################################################ DESCRIPTION = "Qt Quick Timeline" -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" inherit qt5-module require recipes-qt/qt5/qt5-git.inc diff --git a/meta-boot2qt/recipes-qt/qt5/qtsimulator_1.0.bb b/meta-boot2qt/recipes-qt/qt5/qtsimulator_1.0.bb index c4c8d216..0e2185dd 100644 --- a/meta-boot2qt/recipes-qt/qt5/qtsimulator_1.0.bb +++ b/meta-boot2qt/recipes-qt/qt5/qtsimulator_1.0.bb @@ -28,7 +28,7 @@ ############################################################################ DESCRIPTION = "QtSimulator" -LICENSE = "The-Qt-Company-DCLA-2.1" +LICENSE = "The-Qt-Company-Commercial" LIC_FILES_CHKSUM = "file://src/simulator/simulatorglobal.h;md5=3daa1a609195439d0292259a74c7d615;beginline=1;endline=20" inherit qt5-module diff --git a/meta-fsl-extras/recipes/u-boot/u-boot-script-toradex.bb b/meta-fsl-extras/recipes/u-boot/u-boot-script-toradex.bb index 4a0d646d..00a111ff 100644 --- a/meta-fsl-extras/recipes/u-boot/u-boot-script-toradex.bb +++ b/meta-fsl-extras/recipes/u-boot/u-boot-script-toradex.bb @@ -27,8 +27,8 @@ ## ############################################################################ -LICENSE = "The-Qt-Company-DCLA-2.1" -LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=80e06902b5f0e94ad0a78ee4f7fcb74b" +LICENSE = "The-Qt-Company-Commercial" +LIC_FILES_CHKSUM = "file://${QT_LICENSE};md5=948f8877345cd66106f11031977a4625" DEPENDS = "u-boot-mkimage-native" PV = "2.7" |