From fa165368d5e1beff3a0170a994f30cab99a2800b Mon Sep 17 00:00:00 2001 From: Samuli Piippo Date: Wed, 26 Apr 2023 07:07:28 +0000 Subject: Update The-Qt-Company-Commercial license Use the short version of the license that links to the up-to-date version online. Pick-to: 6.5 6.5.1 6.4 Change-Id: I8e8fd51a355dbc125b1a1c8af850fcdb584e3761 Reviewed-by: Mikko Gronoff --- .../microcode-initramfs/microcode-initramfs.bb | 2 +- .../recipes-qt/images/b2qt-embedded-qt6-image.bb | 2 +- .../recipes-qt/meta/meta-b2qt-embedded-qbsp.bb | 2 +- .../recipes-qt/meta/meta-toolchain-b2qt-ci-sdk.bb | 2 +- .../meta/meta-toolchain-b2qt-embedded-qt6-sdk.bb | 2 +- meta-boot2qt/licenses/The-Qt-Company-Commercial | 1985 +------------------- .../recipes-qt/boot2qt-addons/qbsp-readme.bb | 2 +- .../qt6/installer-framework-native_4.1.0.bb | 2 +- 8 files changed, 15 insertions(+), 1984 deletions(-) diff --git a/meta-boot2qt-distro/dynamic-layers/intel/recipes-core/microcode-initramfs/microcode-initramfs.bb b/meta-boot2qt-distro/dynamic-layers/intel/recipes-core/microcode-initramfs/microcode-initramfs.bb index 951f3ed7..5f294483 100644 --- a/meta-boot2qt-distro/dynamic-layers/intel/recipes-core/microcode-initramfs/microcode-initramfs.bb +++ b/meta-boot2qt-distro/dynamic-layers/intel/recipes-core/microcode-initramfs/microcode-initramfs.bb @@ -29,7 +29,7 @@ SUMMARY = "Initramfs with early load intel microcode" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" inherit deploy nopackages diff --git a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt6-image.bb b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt6-image.bb index 38c30976..c6a6aa4e 100644 --- a/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt6-image.bb +++ b/meta-boot2qt-distro/recipes-qt/images/b2qt-embedded-qt6-image.bb @@ -29,7 +29,7 @@ SUMMARY = "Qt for Device Creation Demo Image" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" DEPLOY_CONF_TYPE = "Boot2Qt ${QT_VERSION}" diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb index 8c6b78a1..dddddc41 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-b2qt-embedded-qbsp.bb @@ -30,7 +30,7 @@ DESCRIPTION = "Meta task for QBSP creation" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" # get Qt version number require recipes-qt/qt6/qt6-git.inc diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-ci-sdk.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-ci-sdk.bb index fc9eee19..470684d2 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-ci-sdk.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-ci-sdk.bb @@ -30,7 +30,7 @@ DESCRIPTION = "Qt6 SDK toolchain for CI use" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" inherit populate_sdk diff --git a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt6-sdk.bb b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt6-sdk.bb index 3c9a8a91..241a34ba 100644 --- a/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt6-sdk.bb +++ b/meta-boot2qt-distro/recipes-qt/meta/meta-toolchain-b2qt-embedded-qt6-sdk.bb @@ -30,7 +30,7 @@ DESCRIPTION = "B2Qt embedded Qt6 SDK toolchain" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" inherit populate_b2qt_qt6_sdk diff --git a/meta-boot2qt/licenses/The-Qt-Company-Commercial b/meta-boot2qt/licenses/The-Qt-Company-Commercial index 8d68b15d..825b1f35 100644 --- a/meta-boot2qt/licenses/The-Qt-Company-Commercial +++ b/meta-boot2qt/licenses/The-Qt-Company-Commercial @@ -1,1977 +1,8 @@ -QT LICENSE AGREEMENT -Agreement version 4.4.1 - -This Qt License Agreement ("Agreement") is a legal agreement for the licensing -of Licensed Software (as defined below) between The Qt Company (as defined -below) and the Licensee who has accepted the terms of this Agreement by signing -this Agreement or by downloading or using the Licensed Software or in any other -appropriate means. - -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 (each as defined - below); - (B) The Qt Company is willing to grant the Licensee a right to use Licensed - Software for such a purpose pursuant to term and conditions of this - Agreement; and - (C) Parties wish to enable that their respective Affiliates also can sell - and purchase licenses to serve Licensee Affiliates' needs to use Licensed - Software pursuant to terms of the Agreement. Any such license purchases by - Licensee Affiliates from The Qt Company or its Affiliates will create - contractual relationship directly between the relevant The Qt Company and - the respective ordering Licensee Affiliate "Acceding Agreement"). - Accordingly, Licensee shall not be a party to any such Acceding Agreement, - and no rights or obligations are created to the Licensee thereunder but all - rights and obligations under such Acceding Agreement are vested and borne - solely by the ordering Licensee Affiliate and the relevant The Qt Company - as a contracting parties under such Acceding 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. - -"Add-on Products" shall mean The Qt Company's specific add-on software products -which are not licensed as part of The Qt Company's standard product offering, -but shall be included into the scope of Licensed Software only if so -specifically agreed between the Parties. - -"Agreement Term" shall mean the validity period of this Agreement, as set forth -in Section 12. - -"Applications" shall mean software products created using the Licensed -Software, which include the Redistributables, or part thereof. - -"Contractor(s)" shall mean third party consultants, distributors and -contractors performing services to the Licensee under applicable contractual -arrangement. - -"Customer(s)" shall mean Licensee's customers to whom Licensee, directly or -indirectly, distributes copies of the Redistributables as integrated or -incorporated into Applications or Devices. - -"Data Protection Legislation" shall mean the General Data Protection Regulation -(EU 2016/679) (GDPR) and any national implementing laws, regulations and -secondary legislation, as may be amended or updated from time to time, as well -as any other data protection laws or regulations applicable in relevant -territory. - -"Deployment Platforms" shall mean target operating systems and/or hardware -specified in the License Certificate, on 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 on behalf of Licensee. - -"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 Licenses are available per -respective Licensed Software products, each product having its designated scope -and purpose of use. - -"Development License Term" shall mean the agreed validity period of the -Development License or QA Tools license during which time the relevant Licensed -Software product can be used pursuant to this Agreement. Agreed Development -License Term, as ordered and paid for by the Licensee, shall be memorialized in -the applicable License Certificate. - -"Development Platforms" shall mean those host operating systems specified in -the License Certificate, in which the Licensed Software can be used under the -Development License. - -"Devices" shall mean - (1) hardware devices or products that - i. are manufactured and/or distributed by the Licensee, its Affiliates, - Contractors or Customers, and - ii. incorporate, integrate or link to Applications such that - substantial functionality of such unit, when used by an End User, - is provided by Application(s) or otherwise depends on the Licensed - Software, regardless of whether the Application is developed by - Licensee or its Contractors; or - (2) Applications designed for the hardware devices specified in item (1). - - Devices covered by this Agreement shall be specified in Appendix 2 or in a - quote. - -"Distribution License(s)" shall mean a royalty-bearing license required for any -kind of sale, trade, exchange, loan, lease, rental or other distribution by or -on behalf of Licensee to a third party of Redistributables in connection with -Devices pursuant to license grant described in Section 3.3 of this Agreement. -Distribution Licensed are sold separately for each type of Device respectively -and cannot be used for any type of Devices at Licensee's discretion. - -"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 2 hereto, as -the case may be. - -"End User" shall mean the final end user of the Application or a Device. - -"Evaluation License Term" shall mean a time period specified in the License -Certificate for the Licensee to use the relevant Licensed Software for -evaluation purposes according to Section 3.6 herein. - -"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, -which will be available under respective Designated User's Qt Account at -account.qt.io. License Certificates will specify relevant information -pertaining the Licensed Software purchased by Licensee and Designated User's -license to the Licensed Software. - -"License Fee" shall mean the fee charged to the Licensee for rights granted -under the terms of this Agreement. - -"Licensed Software" shall mean specified product of commercially licensed -version of Qt Software and/or QA Tools defined in Appendix 1 and/or Appendix 3, -which Licensee has purchased and which is provided to Licensee under the terms -of this Agreement. Licensed Software shall include corresponding online or -electronic documentation, associated media and printed materials, including the -source code (where applicable), example programs and the documentation. -Licensed Software does not include Third Party Software (as defined in Section -4) or Open Source Qt. The Qt Company may, in the course of its development -activities, at its free and absolute discretion and without any obligation to -send or publish any notifications to the Licensee or in general, make changes, -additions or deletions in the components and functionalities of the Licensed -Software, provided that no such changes, additions or deletions will affect -the already released version of the Licensed Software, but only upcoming -version(s). - -"Licensee" shall mean the individual or legal entity that is party to this -Agreement. - -"Licensee's Records" shall mean books and records that contain information -bearing on Licensee's compliance with this Agreement, Licensee's use of Open -Source Qt and/or the payments due to The Qt Company under this Agreement, -including, but not limited to user information, 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 Qt Software available 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, governed or used under this Agreement. - -"Party" or "Parties" shall mean Licensee and/or The Qt Company. - -"Permitted Software" shall mean (i) third party open source software products -that are generally available for public in source code form and free of any -charge under any of the licenses approved by Open Source Initiative as listed -on https://opensource.org/licenses, which may include parts of Open Source Qt -or be developed using Open Source Qt; and (ii) software The Qt Company has made -available via its Qt Marketplace online distribution channel. - -"Pre-Release Code" shall have the meaning as set forth in Section 4. - -"Prohibited Combination" shall mean any effort to use, combine, incorporate, -link or integrate Licensed Software with any software created with or -incorporating Open Source Qt, or use Licensed Software for creation of any such -software. - -"Purchase Order" shall have the meaning as set forth in Section 10.2. - -"QA Tools" shall mean software libraries and tools as defined in Appendix 1 -depending on which product(s) the Licensee has purchased under the Agreement. - -"Qt Software" shall mean the software libraries and tools of The Qt Company, -which The Qt Company makes available under commercial and/or open source -licenses. - -"Redistributables" shall mean the portions of the Licensed Software set forth -in Appendix 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 Development 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 this Agreement and the Support Terms. - -"Support Terms" shall mean The Qt Company's standard support terms specified in -Appendix 9 hereto. - -"Taxes" shall have the meaning set forth in Section 10.5. - -"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 3031 Tisch Way, 110 Plaza West, - San Jose, CA 95128, 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 - Miestentie 7, 02150 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 of The Qt Company's Intellectual Property Rights are and shall remain the -exclusive property of The Qt Company or its licensors respectively. No rights -to The Qt Company's Intellectual Property Rights are assigned or granted to -Licensee under this Agreement, except when and to the extent expressly -specified herein. - -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 -worldwide, non-exclusive, non-transferable license, valid for each Development -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 Customers. Each -Application and/or Device can only include, incorporate or integrate -contributions by such Designated Users who are duly licensed for the applicable -Development Platform(s) and Deployment Platform(s) (i.e have a valid license -for the appropriate Licensed Software product). - -Licensee may install copies of the Licensed Software on five (5) computers per -Designated User, provided that only the Designated Users who have a valid -Development License may use the 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, where such -replacement is due to termination of employment, change of job duties, long -time absence or other such permanent reason affecting Designated User's need -for Licensed Software. - -Upon expiry of the initially agreed Development License Term, the respective -Development License Term shall be automatically extended to one or more Renewal -Term(s), unless and until either Party notifies the other Party in writing, or -any other method acceptable to The Qt Company (it being specifically -acknowledged and understood that verbal notification is explicitly deemed -inadequate in all circumstances), that it does not wish to continue the -Development License Term, such notification to be provided to the other Party -no less than thirty (30) days before expiry of the respective Development -License Term. The Qt Company shall, in good time before the due date for the -above notification, remind the Licensee on the coming Renewal Term. Unless -otherwise agreed between the Parties, Renewal Term shall be 12 months. - -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 list pricing applicable at the commencement date of any such -Renewal Term. - -The Qt Company may either request the Licensee to place a purchase order -corresponding to a quote by The Qt Company, or use Licensee's stored Credit -Card information in the Qt Account to automatically charge the Licensee for the -relevant Renewal Term. - -3.2. Distribution of Applications - -Subject to the terms of this Agreement, The Qt Company grants to Licensee a -worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to -this Agreement), right and license, valid for the Agreement 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 perpetual and irrevocable sublicenses to Redistributables, as - distributed hereunder, for Customers solely 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 Application having -been created, updated and maintained under a valid and duly paid Development -Licenses. - -3.3. Distribution of Devices - -Subject to the terms of this Agreement, The Qt Company grants to Licensee a -worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to -this Agreement), right and license, valid for the Agreement 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 perpetual and irrevocable sublicenses to Redistributables, as - distributed hereunder, for Customers solely to the extent necessary in - order for the Customers to use the Devices for their respective - intended purposes. - -Right to distribute the Devices as provided herein is conditional upon - (i) the Devices having been created, updated and maintained under a valid - and duly paid Development Licenses, and - (ii) the Licensee having acquired corresponding Distribution Licenses at - the time of distribution of any Devices 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 acknowledges that The Qt Company has separate products of - Licensed Software for the purpose of Applications and Devices - respectively, where development and distribution of Devices is only - allowed using the correct designated product. Licensee shall make sure - and bear the burden of proof that Licensee is using a correct product - of Licensed Software entitling Licensee to development and distribution - of Devices; - (ii) Licensee shall not remove or alter any copyright, trademark or other - proprietary rights notice(s) contained in any portion of the Licensed - Software; - (iii) Applications must add primary and substantial functionality to the - Licensed Software so as not to compete with the Licensed Software; - (iv) 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); - (v) Licensee shall not use Licensed Software in any manner or for any - purpose that infringes, misappropriates or otherwise violates any - Intellectual property or right of any third party, or that violates any - applicable law; - (vi) 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) - or Device(s) was developed using the Licensed Software; - (vii) 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 and Affiliates 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; - (viii) Licensee shall not grant the Customers a right to (a) make copies of - the Redistributables except when and to the extent required to use the - Applications and/or Devices for their intended purpose, (b) modify the - Redistributables or create derivative works thereof, (c) decompile, - disassemble or otherwise reverse engineer Redistributables, or (d) - redistribute any copy or portion of the Redistributables to any third - party, except as part of the onward sale of the Application or Device - on which the Redistributables are installed; - (ix) Licensee shall not and shall cause that its Affiliates or Contractors - shall not use Licensed Software in any Prohibited Combination, 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 Agreement Term of a hardware device or product - a) which incorporate or integrate any part of Licensed Software or Open - Source Qt; or b) where substantial functionality is provided by - software built with Licensed Software or Open Source Qt or otherwise - depends on the Licensed Software or Open Source Qt, shall be considered - to be Device distribution under this Agreement and shall be dependent - on Licensee's compliance thereof (including but not limited to - obligation to pay applicable License Fees for such distribution). - Notwithstanding what is provided above in this sub-section (ix), - Licensee is entitled to use and combine Licensed Software with any - Permitted Software; - (x) Licensee shall cause all of its Affiliates, Contractors and Customers - 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); - (xi) 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 - (xii) 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. - -3.5 QA Tools License - -Subject to the terms of this Agreement, The Qt Company grants to Licensee a -worldwide, non-exclusive, non-transferable license, valid for the Development -License Term, to use the QA Tools for Licensee's internal business purposes in -the manner provided below and in Appendix 1 hereto. - -Licensee may modify the QA Tools except for altering or removing any details of -ownership, copyright, trademark or other property right connected with the QA -Tools. - -Licensee shall not distribute the QA Tools or any part thereof, modified or -unmodified, separately or as part of any software package, Application or -Device. - -Upon expiry of the initially agreed Development License Term, the respective -Development License Term shall be automatically extended to one or more Renewal -Term(s), unless and until either Party notifies the other Party in writing, or -any other method acceptable to The Qt Company (it being specifically -acknowledged and understood that verbal notification is explicitly deemed -inadequate in all circumstances), that it does not wish to continue the -Development License Term, such notification to be provided to the other Party -no less than thirty (30) days before expiry of the respective Development -License Term. The Qt Company shall, in good time before the due date for the -above notification, remind the Licensee on the coming Renewal Term. Unless -otherwise agreed between the Parties, Renewal Term shall be 12 months. - -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 list pricing applicable at the commencement date of any such -Renewal Term. - -3.6 Evaluation License - -Subject to the terms of this Agreement, The Qt Company grants to Licensee a -worldwide, non-exclusive, non-transferable license, valid for the Evaluation -License Term to use the Licensed Software solely for the Licensee's internal -use to evaluate and determine whether the Licensed Software meets Licensee's -business requirements, specifically excluding any commercial use of the -Licensed Software or any derived work thereof. - -Upon the expiry of the Evaluation License Term, Licensee must either -discontinue use of the relevant Licensed Software or acquire a commercial -Development License or QA Tools License specified herein. - -4. THIRD-PARTY SOFTWARE - -The Licensed Software may provide links or access to third party libraries or -code (collectively "Third-Party Software") to implement various functions. -Third-Party Software does not, however, comprise part of the Licensed Software, -but is provided to Licensee complimentary and use thereof is discretionary for -the Licensee. 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, or sample -code marked or otherwise stated with appropriate designation such as -"Technology Preview", "Alpha", "Beta", "Sample", "Example" etc. -("Pre-Release Code"). - -Such Pre-Release Code may be present complimentary for the Licensee, in order -to provide experimental support or information for new platforms or -preliminary versions of one or more new functionalities or for other similar -reasons. The Pre-Release Code may not be at the level of performance and -compatibility of a final, generally available, product offering. The -Pre-Release Code 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. - -For clarity, unless Licensed Software specifies different license terms for the -respective Pre-Release Code, the Licensee is entitled to use such pre-release -code pursuant to Section 3, just like other Licensed Software. - -6. LIMITED WARRANTY AND WARRANTY DISCLAIMER - -The Qt Company hereby represents and warrants that (i) it has the power and -authority to grant the rights and licenses granted to Licensee under this -Agreement, and (ii) Licensed Software will operate materially in accordance -with its specifications. - -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. - -7. 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. - -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 BY LICENSEE -DURING THE DEVELOPMENT LICENSE TERM DURING WHICH THE EVENT RESULTING IN SUCH -LIABILITY OCCURRED. - -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. - -NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LICENSEE SHALL -ALWAYS BE LIABLE TO PAY THE APPLICABLE LICENSE FEES CORRESPONDING TO ITS -ACTUAL USE OF 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 agreed -Development License Term or other agreed fixed time period. Support is -provided according to agreed support level and subject to applicable -requirements and restrictions, as specified in the Support Terms. - -Unless otherwise decided by The Qt 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 Support period the level of Support 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 Agreement Term 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 2 hereto, as the case may be. - -Unless otherwise expressly provided in this Agreement, 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, Distribution Licenses and QA Tools -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. - -Unless expressly otherwise agreed, any price or other term quoted to the -Licensee or specified herein shall only be valid for the thirty (30) days from -the effective date of this Agreement, Appendix 2 or the date of the quote, as -applicable. - -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. - -Licensee acknowledges and agrees that all Purchase Orders for Licensed Software -the Licensee makes during the Agreement Term shall be governed exclusively -under the terms of this Agreement. - -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 distributing the -Redistributables in accordance with this Agreement. - -Each time Licensee distributes a copy of Redistributables, then one -Distribution License is used, and Licensee's account of available Distribution -Licenses is decreased accordingly. - -Licensee may distribute copies of the Redistributables so long as Licensee has -Distribution Licenses remaining on its account. - -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 and which have not been disputed by the Licensee -in good faith. - -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, withholding tax and other -taxes, duties or tariffs ("Taxes") levied directly for the sale, delivery or -use of Licensed Software hereunder pursuant to any applicable law. Such -applicable Taxes shall be paid by Licensee to The Qt Company, or, where -applicable, in lieu of payment of such Taxes to The Qt Company, 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 during the Agreement Term and for a period of two -(2) years thereafter maintain Licensee's Records in an accurate and up-to-date -form. Licensee's Records shall be adequate to reasonably enable The Qt Company -to determine Licensee's compliance with the provisions of this Agreement. The -records shall conform to general good accounting practices. - -Licensee shall, within thirty (30) days from receiving The Qt Company's request -to that effect, deliver to The Qt Company a report based on Licensee's Records, -such report to contain information, in sufficient detail, on (i) number and -identity of users working with Licensed Software or Open Source Qt, (ii) copies -of Redistributables distributed by Licensee during the most recent calendar -quarter and/or any other term specified by The Qt Company, , and (iii) any -other information pertaining to Licensee's compliance with the terms of this -Agreement (like e.g. information on products and/or projects relating to use of -Distribution Licenses), 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 thirty (30) days' prior written notice and at its expense, -audit Licensee with respect to the Licensee's 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 possible in-person audit shall be conducted during -regular business hours at Licensee's facilities and shall not unreasonably -interfere with Licensee's business activities and shall be limited in scope to -verify Licensee's compliance with the terms of this Agreement. The Qt Company -or the independent auditor acting on behalf of The Qt Company shall be entitled -to inspect Licensee's Records and conduct necessary interviews of Licensee's -relevant employees and Contractors. 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 shall pay to The Qt Company any -amounts owed for such unauthorized use within 30 days from receipt of the -corresponding invoice from The Qt Company. - -In addition, in the event the audit reveals a material violation of the terms -of this Agreement (without limitation, either (i) underpayment of more than 10 -% of License Fees or 10,000 euros (whichever is more) or (ii) distribution of -products, which include or result from Prohibited Combination, shall 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. Agreement Term - -This Agreement shall enter into force upon due acceptance by both Parties and -remain in force until terminated pursuant to the terms of this Section 12 -("Agreement Term"). - -12.2. Termination for breach and suspension of rights -Either Party shall have the right to terminate this Agreement upon thirty (30) -days prior written notice if the other Party commits a material breach of any -obligation of this Agreement and fails to remedy such breach within such notice -period. - -Instead of termination, The Qt Company shall have the right to suspend or -withhold grants of all rights to the Licensed Software hereunder, including but -not limited to the Development Licenses, Distribution License, and Support, -should Licensee fail to make payment in timely fashion or otherwise violates or -is reasonably suspected to violate its obligations or terms of this Agreement, -and where such violation or breach is not cured within ten (10) business days -following The Qt Company's written notice thereof. - -12.3. Termination for insolvency - -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 under this Agreement. For -clarity, a Development License of a Designated User or a QA Tools License, and -all rights relating thereto, shall always terminate at the expiry of the -respective Development License Term, even if the Agreement continues to remain -in force. - -Upon 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 by Licensee's duly authorized officer 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. - -Except when this Agreement is terminated by The Qt Company due to Licensee's -material breach as set forth in Section 12.2, the Licensee may continue -distribution of Applications and Devices under the terms of this Agreement -despite the termination of this Agreement. In such event the terms hereof will -continue to be applicable and govern any such distribution of Applications and -Devices beyond the expiry or termination of this Agreement. In case of -termination by The Qt Company due to Licensee's material breach, Licensee must -cease any distribution of Applications and Devices at the date of termination -of this Agreement. - -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 pay -to The Qt Company all such fees within 30 days from the effective date of -termination of this Agreement. - -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 of Rights under Special Circumstances - -In the event of The Qt Company choosing not to renew the Development License(s) -or QA Tools Licenses, as set forth in Section 3.1 and 3.5 respectively, and -where such decision of non-renewal is not due to any ongoing breach or alleged -breach (as reasonably determined by The Qt Company) by Licensee of the terms of -this Agreement or any applicable license terms of Open Source Qt, then all -valid and affected Development Licenses and QA Tools 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. - -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) or QA Tools Licenses, assigned to party, -who has assumed The Qt Company's position as a legitimate licensor of Licensed -Software under this Agreement, then all valid Development Licenses and QA Tools -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. - -For clarity, in case of an extension under this Section 12.5, any such -extension shall not apply to The Qt Company's Support obligations, but Support -shall be provided only up until the end of the respective fixed Development -License Term regardless of the extension of relevant Development License or QA -Tools License, unless otherwise agreed between the Parties. - -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 - finally settled by arbitration in accordance with the Arbitration Rules - of International 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. Such -sections include especially the following: 1, 2, 6, 7, 9, 11, 12.4, 13 and 14. - -14.4. Entire Agreement - -This Agreement, the Appendices hereto, the License Certificate and any -applicable quote and Purchase Order accepted by The Qt Company 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 ("Deviating Terms") shall -apply unless The Qt Company has expressly agreed such Deviating Terms in -writing. Unless and to the extent expressly agreed by The Qt Company, any such -Deviating Terms shall be deemed void and with no legal effect. For clarity, -delivery of the Licensed Software following the receipt of the Purchase Order -including Deviating Terms shall not constitute acceptance of such Deviating -Terms. - -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, as incorporated in -Applications or Devices, 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, as to -be ordered by the relevant dispute resolution body. - -14.11. Privacy - -Licensee acknowledges and agrees that for the purpose of this Agreement, -The Qt Company may collect, use, transfer and disclose personal data pertaining -to Designated Users as well as any other employees and directors of the -Licensee and its Contractors relevant for carrying out the intent of this -Agreement. Such personal data will be primarily collected from the relevant -individuals but may be collected also from Licensee (e.g. in the course of -Licensee's reporting obligations). The Parties acknowledge that as -The Qt Company determines the purpose and means for such collection and -processing of the applicable personal data, The Qt Company shall be regarded as -the Data Controller under the applicable Data Protection Legislation. -The Qt Company shall process any such personal data in accordance with its -privacy and security policies and practices, which will comply with all -applicable requirements of the Data Protection Legislation. - -14.12. 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. - -14.13. Marketing Rights - -Parties have agreed upon Marketing Rights pursuant to Appendix 7, if any. - - - - -APPENDICES -The Agreement includes following Appendices 1-10, as applicable. -- Appendix 1: Licensed Software details -- Appendix 2: Pricing -- Appendix 3: Add-on Software details (optional) -- Appendix 4: Small business and startup Licenses (optional) -- Appendix 5: Non-commercial and educational Licenses (optional) -- Appendix 6: License Reporting (optional) -- Appendix 7: Marketing Rights (optional) -- Appendix 8: Intentionally left blank (optional) -- Appendix 9: Support Terms -- Appendix 10: Conversion from legacy Licenses to Subscription (optional) - - -APPENDIX 1: LICENSED SOFTWARE - -The modules and/or tools that are included in the latest publicly available -version of the respective product at the effective date of this Agreement- Qt -for Application Development Professional (ADP), Qt for Application Development -Enterprise (ADE), Qt for Device Creation Professional (DCP), Qt for Device -Creation Enterprise (DCE), - are marked with "X" in the below table. The -modules and tools are specific to each product version respectively and may -vary from version to version. Modules and tools included in the latest publicly -available version of the respective product at any given time are listed in -Appendix 1 of the latest version of this Agreement available at -www.qt.io/terms-conditions/. If a new version of Licensed Software does not -include a module or tool present in an older version which Licensee is entitled -to use under a valid license from The Qt Company, then Licensee will continue -to have such right during the Term of this Agreement. In the event a new -version of the Licensed Software adds modules or tools to any previous -version(s), Licensee's rights will extend to cover also such additional modules -and tools. - -Parts of the product that are permitted for distribution in object-code form -only ("Redistributables") are marked with "R" in the below table. - -+----------------------------------------------------------+ -| Modules / Tools | ADP | ADE | DCP | DCE | -+----------------------------------------------------------+ -| Active Qt | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt 3D | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt 5 Core Compatibility APIs | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Android Extras | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Bluetooth | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Canvas 3D | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Charts | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Concurrent | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Core | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Data Visualization | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt D-Bus | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt for Python | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt for WebAssembly | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Gamepad | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Graphical Effects | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt GUI | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Help | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Image Formats | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Location | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Lottie Animation | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Mac Extras | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Multimedia | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Multimedia Widgets | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Network | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Network Authorization | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt NFC | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt OpenGL | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt PDF | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Platform Headers | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Positioning | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Print Support | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Purchasing | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt QML | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick 3D | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Controls 1 | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Controls | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Dialogs | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Extras | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Layouts | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Test | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Timeline | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick WebGL | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Widgets | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Remote Objects | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Script | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Script Tools | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt SCXML | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Sensors | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Serial Bus | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Serial Port | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Shader Tools | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Speech | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt State Machine | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt SQL | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt SVG | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Test | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt UI Tools | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Virtual Keyboard | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Wayland Compositor | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt WebChannel | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt WebEngine | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt WebSockets | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt WebView | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Widgets | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Windows Extras | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt X11 Extras | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt XML | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt XML Patterns | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Designer (Qt Widget Designer) | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Linguist | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt Assistant | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| lupdate | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| lrelease | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| lconvert | X,R | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt MQTT | | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt KNX | | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt OPC UA | | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Qt CoAP | | X,R | X,R | X,R | -+----------------------------------------------------------+ -| Boot 2 Qt stacks | | | X,R | X,R | -+----------------------------------------------------------+ -| Qt OTA | | | X,R | X,R | -+----------------------------------------------------------+ -| Device Utilities | | | X,R | X,R | -+----------------------------------------------------------+ -| Qt Debugging Bridge (QBD) Daemon | | | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Ultralite Controls | | | X,R | X,R | -+----------------------------------------------------------+ -| Qt Quick Ultralite | | | X,R | X,R | -+----------------------------------------------------------+ -| Qt Safe Renderer (QSR) | | | | X,R | -+----------------------------------------------------------+ -| Qt Application Manager | | | | X,R | -+----------------------------------------------------------+ -| Qt Interface Framework | | | | X,R | -+----------------------------------------------------------+ -| Neptune Reference UI | | | | X,R | -+----------------------------------------------------------+ -| Qt for Android Automotive (QAA) | | | | X,R | -+----------------------------------------------------------+ -| Qt Creator | X | X | X | X | -+----------------------------------------------------------+ -| Qt Design Studio Professional | X | X | X | X | -+----------------------------------------------------------+ -| androiddeployqt | X | X | X | X | -+----------------------------------------------------------+ -| androidtestrunner | X | X | X | X | -+----------------------------------------------------------+ -| canbusutil | X | X | X | X | -+----------------------------------------------------------+ -| dumpcpp | X | X | X | X | -+----------------------------------------------------------+ -| dumpdoc | X | X | X | X | -+----------------------------------------------------------+ -| fixqt4headers.pl | X | X | X | X | -+----------------------------------------------------------+ -| idc | X | X | X | X | -+----------------------------------------------------------+ -| moc | X | X | X | X | -+----------------------------------------------------------+ -| pixeltool | X | X | X | X | -+----------------------------------------------------------+ -| qdbus | X | X | X | X | -+----------------------------------------------------------+ -| qdbuscpp2xml | X | X | X | X | -+----------------------------------------------------------+ -| qdbusviwer | X | X | X | X | -+----------------------------------------------------------+ -| qdbusxml2cpp | X | X | X | X | -+----------------------------------------------------------+ -| qdistancefieldgenerator | X | X | X | X | -+----------------------------------------------------------+ -| qdoc | X | X | X | X | -+----------------------------------------------------------+ -| qhelpgenerator | X | X | X | X | -+----------------------------------------------------------+ -| qlalr | X | X | X | X | -+----------------------------------------------------------+ -| qmake | X | X | X | X | -+----------------------------------------------------------+ -| qml | X | X | X | X | -+----------------------------------------------------------+ -| qmlcachegen | X | X | X | X | -+----------------------------------------------------------+ -| qmldom | X | X | X | X | -+----------------------------------------------------------+ -| qmleasing | X | X | X | X | -+----------------------------------------------------------+ -| qmlformat | X | X | X | X | -+----------------------------------------------------------+ -| qmllint | X | X | X | X | -+----------------------------------------------------------+ -| qmlpreview | X | X | X | X | -+----------------------------------------------------------+ -| qmlprofiler | X | X | X | X | -+----------------------------------------------------------+ -| qmlscene | X | X | X | X | -+----------------------------------------------------------+ -| qmltestrunner | X | X | X | X | -+----------------------------------------------------------+ -| qmltime | X | X | X | X | -+----------------------------------------------------------+ -| qmlviewer | X | X | X | X | -+----------------------------------------------------------+ -| qtdiag | X | X | X | X | -+----------------------------------------------------------+ -| qtpaths | X | X | X | X | -+----------------------------------------------------------+ -| qtplugininfo | X | X | X | X | -+----------------------------------------------------------+ -| qvkgen | X | X | X | X | -+----------------------------------------------------------+ -| rcc | X | X | X | X | -+----------------------------------------------------------+ -| tracegen | X | X | X | X | -+----------------------------------------------------------+ -| uic | X | X | X | X | -+----------------------------------------------------------+ -| windeployqt | X | X | X | X | -+----------------------------------------------------------+ -| Target toolchains | | | X | X | -+----------------------------------------------------------+ -| Qt Debugging Bridge Host Tools | | | X | X | -+----------------------------------------------------------+ -| qtconfig-gui | | | X | X | -+----------------------------------------------------------+ -| Qt Emulator | | | X | X | -+----------------------------------------------------------+ -| Qt Creator VxWorks plugin | | | X | X | -+----------------------------------------------------------+ -| Qt Creator plugin for Qt | | | | X | -| Application Manager | | | | | -+----------------------------------------------------------+ -| qmlinterfacegenerator | | | | X | -+----------------------------------------------------------+ -| qmltocpp | | | | X | -+----------------------------------------------------------+ -| qulfontcompiler | | | | X | -+----------------------------------------------------------+ -| Qt Deployment Server | | | | X | -+----------------------------------------------------------+ - - -Rights for Application and Device use cases - -Following table summarizes the rights afforded by different products of the -Licensed Software to create and distribute Applications and Devices as defined -in this Agreement (X marks for rights): - -+---------------------------------------------------------------+ -| | Applications | Devices | -+---------------------------------------------------------------+ -| ADP | X | | -+---------------------------------------------------------------+ -| ADE | X | | -+---------------------------------------------------------------+ -| DCP | X | X | -+---------------------------------------------------------------+ -| DCE | X | X | -+---------------------------------------------------------------+ - -Licensed Software: Designer tools and modules - -The modules and/or tools that are included in the respective product - Qt for -Design Studio Professional (DSP), Qt for Design Studio Enterprise (DSE) - are -marked with "X" in the below table. - -Designer tools provides no Redistributables. - -+---------------------------------------------+ -| | DSP | DSE | -+---------------------------------------------+ -| Qt Design Studio | X | X | -+---------------------------------------------+ -| Qt Design Bridges | | X | -+---------------------------------------------+ -| QML Live on host | X | X | -+---------------------------------------------+ -| QML Live on target | | X | -+---------------------------------------------+ -| Variant Management | | X | -+---------------------------------------------+ -| Shader creation tools | | X | -+---------------------------------------------+ -| Profiling tools | | X | -+---------------------------------------------+ -| Simulink support | | X | -+---------------------------------------------+ - - -Both DSP and DSE can be used to create an user interface for use cases covered -by ADP, ADE, DCP and DCE. - -Licensed Software: QA Tools - -The modules and/or tools that are included in the respective QA Tools product -- Squish (both Tester and execution Licenses), Coco or Test Center - are marked -with "X" in the below table. Optional features that will need additional -licenses are marked with "O". QA Tools include no Redistributables. - -+---------------------------------------------------------------------+ -| | Squish | Coco | Test Center | -+---------------------------------------------------------------------+ -| Squish IDE | X | | | -+---------------------------------------------------------------------+ -| QA Tool-specific command line tools | X | X | X | -+---------------------------------------------------------------------+ -| Coverage Browser | | X | | -+---------------------------------------------------------------------+ -| HTML interface | | | X | -+---------------------------------------------------------------------+ -| Qt Support Module | X | | | -+---------------------------------------------------------------------+ -| Java support module | X | | | -+---------------------------------------------------------------------+ -| Windows support module | X | | | -+---------------------------------------------------------------------+ -| iOS support module | X | | | -+---------------------------------------------------------------------+ -| Android support module | X | | | -+---------------------------------------------------------------------+ -| Web support module | X | | | -+---------------------------------------------------------------------+ -| macOS support module | X | | | -+---------------------------------------------------------------------+ -| VNC support module | X | | | -+---------------------------------------------------------------------+ -| MCU support module | X | | | -+---------------------------------------------------------------------+ -| C and C++ language module | | X | | -+---------------------------------------------------------------------+ -| C# language module | | X | | -+---------------------------------------------------------------------+ -| QML language module | | X | | -+---------------------------------------------------------------------+ -| Tester Cross-Compilation Add-On | O | O | | -+---------------------------------------------------------------------+ - -License capabilities for Squish - -License capabilities that are included in the Squish Tester and Execution -Licenses are marked with "X" in the below table. - -+-----------------------------------------------------------------------------+ -| | Squish Tester License | Squish Execution License | -+-----------------------------------------------------------------------------+ -| Ability to create, edit, | X | | -| and debug test cas | | | -+-----------------------------------------------------------------------------+ -| Ability to execute test | X | X | -| cases | | | -+-----------------------------------------------------------------------------+ - -Install and use capabilities for QA Tools - -Install and use capabilities that are included in the respective QA Tools -products are defined in the below table. - -+-----------------------------------------------------------------------------+ -| | Squish | Squish | Coco | Test | -| | Tester | Execution | License | Center | -| | License | License | | License | -+-----------------------------------------------------------------------------+ -| Number of installation | Unlimited | Unlimited | Unlimited | One(1) | -| instances per license | | | | | -+-----------------------------------------------------------------------------+ -| Number of concurrent | Limited by| Limited by | Limited by | Limited by | -| users | number of | number of | number of | number of | -| | Squish | Squish | Coco | Test Center | -| | Tester | Execution | Tester | Licenses | -| | Licenses | Licenses | Licenses | | -+-----------------------------------------------------------------------------+ - - -APPENDIX 2: PRICING - -Separate template - -APPENDIX 3: ADD-ON PRODUCTS TO LICENSED SOFTWARE - -Intentionally left blank. - -APPENDIX 4: SMALL BUSINESS AND STARTUP - -The provisions of this Appendix 4 are applicable for companies with an annual -revenue, including funding, equivalent to maximum of 250,000 USD (in applicable -currency) during the latest full calendar year, as evidenced by duly audited -records of the Licensee and approved by The Qt Company ("Start-up Company"). - -Start-up Companies are qualified for a discounted License Fee for maximum of -four (4) Development Licenses ("Start-up Development License") unless otherwise -agreed between the parties. - -Start-up Development License entitles the respective Designated User for -Support only for Install Support as defined in Appendix 9, Support Terms. - -Upon expiry of the respective Development License Term, the Start-up -Development Licenses shall be automatically extended, pursuant to Section 3.1 -of the Agreement, for a Renewal Term either as new Start-up Development -Licenses (if the Licensee still qualifies as a Start-up Company), or as normal -then standard list price Development Licenses (if the Licensee no longer -qualifies as a Start-up Company). - -APPENDIX 5: NON-COMMERCIAL AND EDUCATIONAL USE - -The provisions of this Appendix 5 are applicable for non-commercial use of the -Licensed Software by the Licensee. - -For the purpose of this Appendix 5, the following additional definitions -(replacing the relevant definition of the Agreement, where applicable) shall be -applicable: - -"Demo Units" shall mean (i) hardware development platform, which incorporates -the Licensed Software along with Licensee's software and/or hardware, and (ii) -prototype versions of Applications or Devices. - -"Designated User(s)" shall mean the employees and students of the Licensee. - -"Licensee Products" shall mean Applications and/or Devices. - -"Permitted Purpose" shall mean (i) Licensee's internal evaluation and testing -of Licensed Software, (ii) building Demo Units as well as (iii) educational -use. - -"Agreement Term" shall mean a period of twelve (12) months or any such other -period as may be agreed between the Parties. - -For the purpose of this Appendix 5, the following changes shall be agreed with -respect to relevant Sections of the Agreement: - I. Recital (A) shall be replaced in its entirety to read as follows: - "(A) Licensee wishes to use the Licensed Software for the Permitted - Purpose." - II. Section 3.1 shall be replaced in its entirety to read as follows: - "The Qt Company grants to Licensee a personal, non-exclusive, - non-transferable, revocable, royalty-free license, valid for the - Agreement Term, to use, modify and copy the Licensed Software solely - for the Permitted Purpose. Licensee may install copies of the Licensed - Software on five (5) computers per Designated User, provided that only - the Designated Users who have a valid Development License may use the - Licensed Software. Licensee may demonstrate the Demo Units, provided - that such demonstrations must be conducted by Licensee, and the Demo - Units must remain in Licensee's possession and under Licensee's control - at all times. - For clarity, this Agreement does not (i) entitle Licensee to use - Licensed Software to create Applications or Devices (other than - prototypes thereof) or (ii) carry any distribution rights to Licensee, - but such rights are subject to and conditional upon conclusion of a - separate license agreement with The Qt Company." - III. Sections 3.2, 3.3, 3.5, 3.6, 8 and 10 shall be deleted. - IV. Section 3.4 shall be replaced in its entirety to read as follows: - "Licensee shall not: - - remove or alter any copyright, trademark or other proprietary rights - notice contained in any portion of the Licensed Software; - - transfer, publish, sublicense, disclose, display or otherwise make - the Licensed Software available to any third party (except that - Licensee may demonstrate the Demo Units pursuant to Section 3.1); - - 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; Licensee shall cause all Designated - Users who 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. Licensee shall be responsible for any and all actions and - omissions of its Designated Users relating to the Licensed Software - and use thereof. Any use of Licensed Software beyond the provisions - of this Agreement is strictly prohibited and requires an additional - license from The Qt Company." - V. Section 12 shall be replaced in its entirety to read as follows: - "This Agreement shall enter into force upon due acceptance by both - Parties and remain in force for the Agreement Term, unless and until - terminated pursuant to the terms of Section 12. - Upon termination of the Agreement, Licensee shall cease using the - Licensed Software. All other copies of Licensed Software in the - possession or control of Licensee must be erased or destroyed. An - officer of Licensee must, upon request, promptly deliver to The Qt - Company a written confirmation that this has occurred." - -Except for the modifications specified above, this Appendix carries no change -to the terms of the Agreement which shall remain in full force. - -APPENDIX 6: LICENSE REPORTING - -Separate template - -APPENDIX 7: MARKETING RIGHTS - -This Appendix 7 has the purpose to grant visibility through The Qt Company -marketing channels of the usage of Qt and related product and service in -Licensee product. Following related marketing right are agreed between the Qt -Company and the Licensee. - -1. LICENSEE NAME AND LICENSEE LOGO - -The Qt Company has the right to use Licensee name and Licensee logo in public -channel, in respect of the value proposition that the Qt company provided to -the Licensee. - -2. MARKETING CONTENT COOPERATION - -2.1. LICENSEE CASES - -The Licensee is open to collaborate on content creation for marketing and -communication purpose. The Licensee will nominate one responsible that will be -in charge to support The Qt company with this content creation, according to -content format paragraph, answering technical questions or sharing professional -picture or video of required content. The Qt Company will have the right to -advertise this in Content Format and Channel as mentioned in paragraph 3 and 4. - -2.2. FINAL PRODUCT REFERRAL - -Licensee agree that The Qt Company could connect their software product and -services with the Licensee device or application, that the Licensee has created -using The Qt Company technology and competence. Licensee will provide high -quality picture, and video of the created final product where the Qt technology -is running into. The Qt Company will have the right to advertise this in -Content Format and Channel as mentioned in paragraph 3 and 4. - -3. CONTENT FORMAT - -- Video -- Written Licensee case -- Press release -- Social media posts -- Emails -- Event booth Graphics -- Printed material - -4. CHANNELS - -- Social media -- The Qt Company resource center and website -- Email to the Qt company contact database -- Events -- Online webinars -- Public speech -- Public presentations - -APPENDIX 8: INTENTIONALLY LEFT BLANK - -APPENDIX 9: SUPPORT TERMS - -These Qt support terms and conditions ("Support Terms") set forth the legal -framework, where under The Qt Company ("The Qt Company") provides support -services (as herein defined) to the Licensee. - -1 DEFINITIONS - -"Application Code" shall mean a computer software program written strictly -using the Qt programming language, by or for the Licensee, with a user -interface, enabling the Licensee or their users to accomplish a specific task -and display any results of the task on the display monitor or screen. - -"Dedicated Contact" shall mean the employee of The Qt Company who will be the -first point of contact for all Designated Users' requests for Support. - -"Errors" shall mean an error, flaw, mistake, failure, or fault in Licensed -Software that prevents it from behaving as described in the relevant -documentation or as agreed between the Parties. - -"Extended Support" shall mean a continuation to the normal Support period, -which allows Designated Users to receive selected Support (Standard Support or -Premium Support) for a version of Licensed Software that is no longer generally -supported by The Qt Company. - -"Install Support" shall mean Support that is limited to installation related -Error(s) on Development Platforms specified as supported host platforms for -each Qt release under doc.qt.io. - -"Maintenance Release" shall mean a release or version of Licensed Software -containing bug fixes, error corrections and other changes targeted to -maintaining and improving product stability and quality. Maintenance Releases -are generally depicted as a change to the third digit of Licensed Software -version number. - -"Platforms" shall mean both Development Platforms and Deployment Platforms. -Supported host and target Platforms may vary from for each Qt release as -defined under doc.qt.io. - -"Premium Support" shall mean an upgraded level of Support that The Qt Company -provides pursuant to these Support Terms to Licensee if Licensee has purchased -Premium Support instead of Standard Support. Premium Support shall always be -purchased for all Designated User(s) in the respective development team of the -Licensee. - -"Response Time" shall mean the period of time from when Licensee notifies -TheQt Company about an Error or requests Support until The Qt Company provides -Licensee with a response that addresses (but not necessarily resolves) the -reported Error or provides the requested Support. - -"Standard Support" shall mean standard level of Support that The Qt Company -provides pursuant to these Support Terms to Licensee. - -"Support" shall mean developer assistance that is provided by The Qt Company -to assist eligible Designated Users in Licensed Software installation, usage -and functionality problem resolution for Error(s) and Error workarounds -pursuant to the terms of these Support Terms. Support for different products is -available as specified in the below table ("X" marking the Support that is -included in the license price, optional Add-on Support services are marked as -"O"): - -+-----------------------------------------------------------------------+ -| |ADP|ADE|DCP|DCE|DSP|DSE|Squish|Coco|Test Center| -+-----------------------------------------------------------------------+ -| Install Support | X | X | X | X | X | X | X | X | X | -+-----------------------------------------------------------------------+ -| Standard Support | | X | X | X | X | X | X | X | X | -+-----------------------------------------------------------------------+ -| Premium Support | | O | O | O | O | O | O | O | O | -+-----------------------------------------------------------------------+ -| Extended Support | | O | O | O | O | O | | | | -+-----------------------------------------------------------------------+ -| Tool Qualification Kit| | | | | | | O | O | | -+-----------------------------------------------------------------------+ - -"Support Validity Term" shall mean the Development License Term or any other -fixed time period agreed between the Parties during which time the Customer is -eligible to receive Support from The Qt Company. - -"Tool Qualification Kit" shall mean a customized set of documents and -validation test cases. - -2 SUPPORT SERVICES - -2.1 Support Services Provided by The Qt Company - -Subject to these Support Terms and during the Support Validity Term, The Qt -Company will via its web-based support user-interface, provide Designated -User(s) with Support for the Platforms which Customer has licensed under the -Agreement. -The Qt Company will make commercially reasonable efforts to solve any Errors -reported by Designated User(s). Resolution of an Error may be provided through -Designated User(s) themselves downloading of a later released version of the -applicable Licensed Software product(s) or providing the Designated User with a -temporary workaround addressing such Error. - -2.2 Licensee's Obligations - -To report an Error, the Designated User shall register the Error on The Qt -Company's web-based support user interface located at: -https://account.qt.io/login or at another location designated by The Qt Company. - -The Designated User must provide adequate information and documentation to The -Qt Company to enable it to recreate the Error or problem for which the -Designated User has sought assistance. -To ensure efficient handling of Errors, the Designated User must provide the -following information, where relevant: -- A clear, detailed description of the problem, question or suggestion; -- Identification of which Licensed Software product and version is affected; -- Identification of the operating environment (e.g. operating system, hardware - Platform, build tools, etc.) on which the problem exists; -- On Standard Support: A complete and compilable test case of not more than 500 - lines of code that demonstrates the problem; -- On Premium Support: A complete and compilable test case that demonstrates the - problem or access to Application Code source codes. - -Additional relevant content, such as screenshots, etc. -Additional content should be included as attachments. The preferred image -formats are JPEG and PNG. Compressed content should be included in zip or -tar.gz archives. Executable content and documents in platform specific formats -such as Microsoft Office' are not accepted. - -In order for The Qt Company to provide prompt handling of Errors, the -Designated User shall promptly respond to any requests from The Qt Company for -additional information. - -2.3 Support Limitations - -General limitations: - -Each version or release of the Licensed Software will be Supported under -Standard Support or Premium Support only for limited time period as set forth -in doc.qt.io. For example, regular releases of Qt Software are supported for -one (1) year from the release date of the version x.y.0 and Long Term Support -(LTS) Releases are supported for a period of three (3) years from the release -date of the LTS version x.y.0. - -The Qt Company shall only provide Support for Designated User(s). - -Support is made available for the entire development teams only: It is not -allowed to purchase Support only for some members of the development team, and -all Designated Users of the respective development team must be eligible for -the same level of Support. - -Support is not provided for snapshots, preview releases, beta releases or -release candidates. - -The Qt Company shall have no obligation to provide Support for hardware or -operating system specific problems or problems arising from improper use, -accident, neglect or modification of Qt. - -Limitations with Install Support: - -Support limited to Error(s) regarding installation and setting up of the Qt -development environment on host Platforms. - -Limitations with Standard Support: - -The Qt Company shall not provide Support for third-party software or problems -caused by third-party software even if such third-party software is distributed -together with Licensed Software product(s). - -The Qt Company shall only provide Support for Error(s) that are reported on and -can be reproduced on Platforms that are officially supported for the release of -the Licensed Software. - -Limitations with Premium support: - -The Qt Company shall not provide Support for third-party software or problems -caused by third-party software. However, if such third-party software is -distributed together with Licensed Software, The Qt Company will make -commercially reasonable efforts to solve such problems. - -The Qt Company shall only provide Support for Error(s) that can be reproduced -on Platforms that are officially supported for the release of the Licensed -Software. If the Error is on a Platform that is not supported, The Qt Company -will make commercially reasonable efforts to provide a solution on closest -corresponding supported Platform. - -Premium Support is optional and purchased for an agreed bucket of hours -("Bucket"). Hours can be used by any Designated User in the respective -development team. To encourage continuous usage of the Support, ten percent -(10%) of the purchased Bucket shall automatically expire (regardless of whether -such support hours are actually used or not by the Licensee) each month after -three (3) months from the purchase of the Premium Support. - -2.4 Extended Support - -Extended Support extends the Support Validity Term for a release of Licensed -Software that is no longer generally supported. - -Extended Support includes and is by default provided with Standard Support -rules and limitations, unless Extended Support is purchased with Premium -Support in which case Premium Support rules and limitations will apply. - -Extended Support is optional and purchased with annual fee and separately per -each Licensee product. Extended Support will need definition of (i) Licensee -product, (ii) used Platform(s) and (iii) Licensed Software version(s). - -2.5 Tool Qualification Kit - -The Qt Company shall provide set of customized documents and validation tests -that enable Licensee to qualify QA testing tool for the purpose of ISO 26262, -EN 50128, DO-330, IEC 61508, IEC 62304 or IEC 13485 certification Licensee end -to end solution. - -3 RESPONSE TIME - -In performing Support, The Qt Company shall commit to following, non-binding, -Response Times: - -Standard Support: Errors and Support requests will have a Response Time not to -exceed two (2) business days. - -Premium Support: Errors and Support requests will have a Response Time not to -exceed one (1) business day. - -For complex issues, The Qt Company may provide an initial response to the -Designated User and then follow up, without undue delay, with additional -communication before an Error is properly addressed or Support provided. - -4 ADDITIONAL SERVICES IN PREMIUM SUPPORT - -The Designated User(s) will be assigned a Dedicated Contact to handle requests -for Support. Dedicated Contact is subject to change in cases such as sick -leave, vacation and other similar reasons. - -The Designated User(s) can on request ask The Qt Company to access their -computer remotely in order to resolve problems directly. - -The Designated User(s) can request a session via Instant Messaging or phone -call in the support request to The Qt Company. - -Premium Support can assist Licensee in implementing new features, bug fixes -and accessing patches in Licensed Software or Application Code. - -All Support requests will be handled with high priority. - -5 MAINTENANCE RELEASES, UPDATES AND UPGRADES - -Under the Support the Customer is eligible for Maintenance Releases and Updates -that The Qt Company generally makes available to customers who has purchased -Support. Unless otherwise decided by The Company at its free and absolute -discretion, Upgrades will not be provided under the Support. - -The primary focus of Maintenance Releases is product quality. Therefore, each -Maintenance Release typically includes the following types of changes to the -previous version of Licensed Software: -- Bug fixes caused by changes to previously working code; -- Fixes related to build issues on supported Platforms; -- Error corrections specific to a single Platform that are not present on other - Platforms; -- Critical Error corrections such as crashes, data corruption, loss of data, - race conditions; and -- Updates to documentation and license information when deemed necessary by - The Qt Company. - -The primary focus of Updates is introducing new features to Licensed Software -and covering new platforms. Therefore, each Updates typically includes the -following types of changes to the previous version of Licensed Software: -- New platform support; -- New toolchain support; -- New features and Qt modules; - -6 WARRANTY DISCLAIMER - -The Qt Company makes no warranties that the Support provided will be successful -in resolving any difficulties or problems or in diagnosing faults reported by -Licensee. Support is provided to Licensee on an "as is" basis. To the maximum -extent permitted by applicable law, The Qt Company disclaims all warranties and -conditions, either express or implied, including, but not limited to, implied -warranties of merchantability and fitness for a particular purpose for the -Support provided by The Qt Company to Licensee. - -APPENDIX 10: CONVERSION TO SUBSCRIPTION - -Subject to the terms of this Appendix Licensee's current development licenses -("Current Licenses") for commercial version of Qt Software and the license -agreements governing such Current Licenses ("Existing Agreements") are being -replaced by this Agreement and subscription based Development Licenses -governed hereunder, as further specified below. - -+---------------------------------------------------------------------------+ -| Existing Agreement(s) | and | -| signing parties, version | | -| thereof | | -+---------------------------------------------------------------------------+ - -Parties hereby agree on conversion of Current Licenses listed in attached -Exhibit A to the subscription licenses listed in attached Exhibit B for use -through License Term. As of the date hereof, - -i. Licensee's Current Licenses as listed in Exhibit A shall terminate and be -replaced with the Subscription licenses listed in Exhibit B and; -ii. Existing Agreements are terminated. - -Prices for the conversion of Current Licenses are defined in Appendix 2 -Pricing or Quote. - -Notwithstanding anything in this Appendix to the contrary, and in addition to -any payments due pursuant to this Appendix, Licensee remains fully obligated to -fulfill any and all outstanding payment obligations to The Qt Company under any -applicable Existing Agreements. For the avoidance of doubt, if any payments -remain outstanding on the Current Licenses under the applicable terms Licensee -will continue to make such payments in accordance with the applicable order -documentation, notwithstanding the fact that the Current Licenses are being -converted to Development Licenses pursuant to this Appendix. +Licensees holding valid commercial Qt licenses may use this software in +accordance with the the terms contained in a written agreement between +you and The Qt Company. Alternatively, the terms and conditions that were +accepted by the licensee when buying and/or downloading the +software do apply. + +For the latest licensing terms and conditions, see https://www.qt.io/terms-conditions. +For further information use the contact form at https://www.qt.io/contact-us. diff --git a/meta-boot2qt/recipes-qt/boot2qt-addons/qbsp-readme.bb b/meta-boot2qt/recipes-qt/boot2qt-addons/qbsp-readme.bb index 1e42a9dd..d409fad4 100644 --- a/meta-boot2qt/recipes-qt/boot2qt-addons/qbsp-readme.bb +++ b/meta-boot2qt/recipes-qt/boot2qt-addons/qbsp-readme.bb @@ -29,7 +29,7 @@ SUMMARY = "Device specific installation instructions for the QBSP" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" inherit deploy nopackages diff --git a/meta-boot2qt/recipes-qt/qt6/installer-framework-native_4.1.0.bb b/meta-boot2qt/recipes-qt/qt6/installer-framework-native_4.1.0.bb index 06f88e7e..827d7b7e 100644 --- a/meta-boot2qt/recipes-qt/qt6/installer-framework-native_4.1.0.bb +++ b/meta-boot2qt/recipes-qt/qt6/installer-framework-native_4.1.0.bb @@ -29,7 +29,7 @@ DESCRIPTION = "Qt Installer Framework" LICENSE = "The-Qt-Company-Commercial" -LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=38de3b110ade3b6ee2f0b6a95ab16f1a" +LIC_FILES_CHKSUM = "file://${BOOT2QTBASE}/licenses/The-Qt-Company-Commercial;md5=40a1036f91cefc0e3fabad241fb5f187" inherit bin_package native -- cgit v1.2.3