From 84f6aee08c8be59afa062a07fdf450acd70984c5 Mon Sep 17 00:00:00 2001 From: Jonathan Liu Date: Sun, 16 Mar 2014 01:54:39 +1100 Subject: licenses: rename NOKIA-TPLA-2.4 to DIGIA-TPLA-2.4 The license agreement doesn't mention Nokia anymore after Qt was acquired by Digia. Signed-off-by: Jonathan Liu Signed-off-by: Martin Jansa --- licenses/DIGIA-TPLA-2.4 | 628 ++++++++++++++++++++++++++++++++++++++++++++++++ licenses/NOKIA-TPLA-2.4 | 628 ------------------------------------------------ recipes-qt/qt5/qt3d.inc | 2 +- 3 files changed, 629 insertions(+), 629 deletions(-) create mode 100644 licenses/DIGIA-TPLA-2.4 delete mode 100644 licenses/NOKIA-TPLA-2.4 diff --git a/licenses/DIGIA-TPLA-2.4 b/licenses/DIGIA-TPLA-2.4 new file mode 100644 index 00000000..c71a330e --- /dev/null +++ b/licenses/DIGIA-TPLA-2.4 @@ -0,0 +1,628 @@ +TECHNOLOGY PREVIEW LICENSE AGREEMENT + +For individuals and/or legal entities resident in the Americas (North +America, Central America and South America), the applicable licensing +terms are specified under the heading "Technology Preview License +Agreement: The Americas". + +For individuals and/or legal entities not resident in The Americas, the +applicable licensing terms are specified under the heading "Technology +Preview License Agreement: Rest of the World". + + +TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas +Agreement version 2.4 + +This Technology Preview License Agreement ("Agreement")is a legal agreement +between Digia USA, Inc. ("Digia"), with its registered office at 32 W. +Loockerman Street, Suite 201, City of Dover, County of Kent, Delaware 19904, +U.S.A. and you (either an individual or a legal entity) ("Licensee") +for the Licensed Software (as defined below). + +1. DEFINITIONS + +"Affiliate" of a Party shall mean an entity (i) which is directly or +indirectly controlling such Party; (ii) which is under the same direct +or indirect ownership or control as such Party; or (iii) which is +directly or indirectly owned or controlled by such Party. For these +purposes, an entity shall be treated as being controlled by another if +that other entity has fifty percent (50 %) or more of the votes in such +entity, is able to direct its affairs and/or to control the composition +of its board of directors or equivalent body. + +"Applications" shall mean Licensee's software products created using the +Licensed Software which may include portions of the Licensed Software. + +"Term" shall mean the period of time six (6) months from the later of +(a) the Effective Date; or (b) the date the Licensed Software was +initially delivered to Licensee by Digia. If no specific Effective Date +is set forth in the Agreement, the Effective Date shall be deemed to be +the date the Licensed Software was initially delivered to Licensee. + +"Licensed Software" shall mean the computer software, "online" or +electronic documentation, associated media and printed materials, +including the source code, example programs and the documentation +delivered by Digia to Licensee in conjunction with this Agreement. + +"Party" or "Parties" shall mean Licensee and/or Digia. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +If Licensee provides any findings, proposals, suggestions or other +feedback ("Feedback") to Digia regarding the Licensed Software, Digia +shall own all right, title and interest including the intellectual +property rights in and to such Feedback, excluding however any existing +patent rights of Licensee. To the extent Licensee owns or controls any +patents for such Feedback Licensee hereby grants to Digia and its +Affiliates, a worldwide, perpetual, non-transferable, sublicensable, +royalty-free license to (i) use, copy and modify Feedback and to create +derivative works thereof, (ii) to make (and have made), use, import, +sell, offer for sale, lease, dispose, offer for disposal or otherwise +exploit any products or services of Digia containing Feedback, and +(iii) sublicense all the foregoing rights to third party licensees and +customers of Digia and/or its Affiliates. + + +3. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If Licensee +does not agree to the terms of this Agreement, Licensee may not install, +copy, or otherwise use the Licensed Software. Upon Licensee's acceptance +of the terms and conditions of this Agreement, Digia grants Licensee the +right to use the Licensed Software in the manner provided below. + + +4. LICENSES + +4.1. Using and Copying + +Digia grants to Licensee a non-exclusive, non-transferable, time-limited +license to use and copy the Licensed Software for sole purpose of +designing, developing and testing Applications, and evaluating and the +Licensed Software during the Term. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that (a) if an individual, only such +individual; or (b) if a legal entity only its employees; use the +Licensed Software for the authorized purposes. + +4.2 No Distribution or Modifications + +Licensee may not disclose, modify, sell, market, commercialise, +distribute, loan, rent, lease, or license the Licensed Software or any +copy of it or use the Licensed Software for any purpose that is not +expressly granted in this Section 4. Licensee may not alter or remove +any details of ownership, copyright, trademark or other property right +connected with the Licensed Software. Licensee may not distribute any +software statically or dynamically linked with the Licensed Software. + +4.3 No Technical Support + +Digia has no obligation to furnish Licensee with any technical support +whatsoever. Any such support is subject to separate agreement between +the Parties. + + +5. PRE-RELEASE CODE +The Licensed Software contains pre-release code that is not at the level +of performance and compatibility of a final, generally available, +product offering. The Licensed Software may not operate correctly and +may be substantially modified prior to the first commercial product +release, if any. Digia is not obligated to make this or any later +version of the Licensed Software commercially available. The License +Software is "Not for Commercial Use" and may only be used for the +purposes described in Section 4. The Licensed Software may not be used +in a live operating environment where it may be relied upon to perform +in the same manner as a commercially released product or with data that +has not been sufficiently backed up. + +6. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or code +(collectively "Third Party Software") to implement various functions. +Third Party Software does not comprise part of the Licensed Software. In +some cases, access to Third Party Software may be included along with +the Licensed Software delivery as a convenience for development and +testing only. Such source code and libraries may be listed in the +".../src/3rdparty" source tree delivered with the Licensed Software or +documented in the Licensed Software where the Third Party Software is +used, as may be amended from time to time, do not comprise the Licensed +Software. Licensee acknowledges (1) that some part of Third Party +Software may require additional licensing of copyright and patents from +the owners of such, and (2) that distribution of any of the Licensed +Software referencing any portion of a Third Party Software may require +appropriate licensing from such third parties. + + +7. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +The Licensed Software is licensed to Licensee "as is". To the maximum +extent permitted by applicable law, Digia on behalf of itself and its +suppliers, disclaims all warranties and conditions, either express or +implied, including, but not limited to, implied warranties of +merchantability, fitness for a particular purpose, title and +non-infringement with regard to the Licensed Software. + + +8. LIMITATION OF LIABILITY + +If, Digia's warranty disclaimer notwithstanding, Digia is held liable to +Licensee, whether in contract, tort or any other legal theory, based on +the Licensed Software, Digia's entire liability to Licensee and +Licensee's exclusive remedy shall be, at Digia's option, either (A) +return of the price Licensee paid for the Licensed Software, or (B) +repair or replacement of the Licensed Software, provided Licensee +returns to Digia all copies of the Licensed Software as originally +delivered to Licensee. Digia shall not under any circumstances be liable +to Licensee based on failure of the Licensed Software if the failure +resulted from accident, abuse or misapplication, nor shall Digia under +any circumstances be liable for special damages, punitive or exemplary +damages, damages for loss of profits or interruption of business or for +loss or corruption of data. Any award of damages from Digia to Licensee +shall not exceed the total amount Licensee has paid to Digia in +connection with this Agreement. + + +9. CONFIDENTIALITY + +Each party acknowledges that during the Term of this Agreement it shall +have access to information about the other party's business, business +methods, business plans, customers, business relations, technology, and +other information, including the terms of this Agreement, that is +confidential and of great value to the other party, and the value of +which would be significantly reduced if disclosed to third parties (the +"Confidential Information"). Accordingly, when a party (the "Receiving +Party") receives Confidential Information from another party (the +"Disclosing Party"), the Receiving Party shall, and shall obligate its +employees and agents and employees and agents of its Affiliates to: (i) +maintain the Confidential Information in strict confidence; (ii) not +disclose the Confidential Information to a third party without the +Disclosing Party's prior written approval; and (iii) not, directly or +indirectly, use the Confidential Information for any purpose other than +for exercising its rights and fulfilling its responsibilities pursuant +to this Agreement. Each party shall take reasonable measures to protect +the Confidential Information of the other party, which measures shall +not be less than the measures taken by such party to protect its own +confidential and proprietary information. + +"Confidential Information" shall not include information that (a) is or +becomes generally known to the public through no act or omission of the +Receiving Party; (b) was in the Receiving Party's lawful possession +prior to the disclosure hereunder and was not subject to limitations on +disclosure or use; (c) is developed by the Receiving Party without +access to the Confidential Information of the Disclosing Party or by +persons who have not had access to the Confidential Information of the +Disclosing Party as proven by the written records of the Receiving +Party; (d) is lawfully disclosed to the Receiving Party without +restrictions, by a third party not under an obligation of +confidentiality; or (e) the Receiving Party is legally compelled to +disclose the information, in which case the Receiving Party shall assert +the privileged and confidential nature of the information and cooperate +fully with the Disclosing Party to protect against and prevent +disclosure of any Confidential Information and to limit the scope of +disclosure and the dissemination of disclosed Confidential Information +by all legally available means. + +The obligations of the Receiving Party under this Section shall continue +during the Initial Term and for a period of five (5) years after +expiration or termination of this Agreement. To the extent that the +terms of the Non-Disclosure Agreement between Digia and Licensee +conflict with the terms of this Section 9, this Section 9 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +10. GENERAL PROVISIONS + +10.1 No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the prior +written consent of Digia, which shall not be unreasonably withheld. + +10.2 Termination + +Digia may terminate the Agreement at any time immediately upon written +notice by Digia to Licensee if Licensee breaches this Agreement. + +Upon termination of this Agreement, Licensee shall return to Digia all +copies of Licensed Software that were supplied by Digia. All other +copies of Licensed Software in the possession or control of Licensee +must be erased or destroyed. An officer of Licensee must promptly +deliver to Digia a written confirmation that this has occurred. + +10.3 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, +10.5, 10.6, 10.7, and 10.8 of this Agreement. + +10.4 Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with this +Agreement ("Non-Disclosure Agreement"), if any, shall be subject to +Section 9. No modification of this Agreement shall be effective unless +contained in a writing executed by an authorized representative of each +party. No term or condition contained in Licensee's purchase order shall +apply unless expressly accepted by Digia in writing. If any provision of +the Agreement is found void or unenforceable, the remainder shall remain +valid and enforceable according to its terms. If any remedy provided is +determined to have failed for its essential purpose, all limitations of +liability and exclusions of damages set forth in this Agreement shall +remain in effect. + +10.5 Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall fully +comply with all applicable export license restrictions and requirements +as well as with all laws and regulations relating to the importation of +the Licensed Software and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software., + +10.6 Governing Law and Legal Venue + +This Agreement shall be governed by and construed in accordance with the +federal laws of the United States of America and the internal laws of +the State of New York without given effect to any choice of law rule +that would result in the application of the laws of any other +jurisdiction. The United Nations Convention on Contracts for the +International Sale of Goods (CISG) shall not apply. Each Party (a) +hereby irrevocably submits itself to and consents to the jurisdiction of +the United States District Court for the Southern District of New York +(or if such court lacks jurisdiction, the state courts of the State of +New York) for the purposes of any action, claim, suit or proceeding +between the Parties in connection with any controversy, claim, or +dispute arising out of or relating to this Agreement; and (b) hereby +waives, and agrees not to assert by way of motion, as a defense or +otherwise, in any such action, claim, suit or proceeding, any claim that +is not personally subject to the jurisdiction of such court(s), that the +action, claim, suit or proceeding is brought in an inconvenient forum or +that the venue of the action, claim, suit or proceeding is improper. +Notwithstanding the foregoing, nothing in this Section 9.6 is intended +to, or shall be deemed to, constitute a submission or consent to, or +selection of, jurisdiction, forum or venue for any action for patent +infringement, whether or not such action relates to this Agreement. + +10.7 No Implied License + +There are no implied licenses or other implied rights granted under this +Agreement, and all rights, save for those expressly granted hereunder, +shall remain with Digia and its licensors. In addition, no licenses or +immunities are granted to the combination of the Licensed Software with +any other software or hardware not delivered by Digia under this +Agreement. + +10.8 Government End Users + +A "U.S. Government End User" shall mean any agency or entity of the +government of the United States. The following shall apply if Licensee +is a U.S. Government End User. The Licensed Software is a "commercial +item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), +consisting of "commercial computer software" and "commercial computer +software documentation," as such terms are used in 48 C.F.R. 12.212 +(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 +through 227.7202-4 (June 1995), all U.S. Government End Users acquire +the Licensed Software with only those rights set forth herein. The +Licensed Software (including related documentation) is provided to U.S. +Government End Users: (a) only as a commercial end item; and (b) only +pursuant to this Agreement. + + + + + +TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World +Agreement version 2.4 + +This Technology Preview License Agreement ("Agreement") is a legal +agreement between Digia Finland Ltd ("Digia"), with its registered office at +Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a +legal entity) ("Licensee") for the Licensed Software. + +1. DEFINITIONS + +"Affiliate" of a Party shall mean an entity (i) which is directly or +indirectly controlling such Party; (ii) which is under the same direct +or indirect ownership or control as such Party; or (iii) which is +directly or indirectly owned or controlled by such Party. For these +purposes, an entity shall be treated as being controlled by another if +that other entity has fifty percent (50 %) or more of the votes in such +entity, is able to direct its affairs and/or to control the composition +of its board of directors or equivalent body. + +"Applications" shall mean Licensee's software products created using the +Licensed Software which may include portions of the Licensed Software. + +"Term" shall mean the period of time six (6) months from the later of +(a) the Effective Date; or (b) the date the Licensed Software was +initially delivered to Licensee by Digia. If no specific Effective Date +is set forth in the Agreement, the Effective Date shall be deemed to be +the date the Licensed Software was initially delivered to Licensee. + +"Licensed Software" shall mean the computer software, "online" or +electronic documentation, associated media and printed materials, +including the source code, example programs and the documentation +delivered by Digia to Licensee in conjunction with this Agreement. + +"Party" or "Parties" shall mean Licensee and/or Digia. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +If Licensee provides any findings, proposals, suggestions or other +feedback ("Feedback") to Digia regarding the Licensed Software, Digia +shall own all right, title and interest including the intellectual +property rights in and to such Feedback, excluding however any existing +patent rights of Licensee. To the extent Licensee owns or controls any +patents for such Feedback Licensee hereby grants to Digia and its +Affiliates, a worldwide, perpetual, non-transferable, sublicensable, +royalty-free license to (i) use, copy and modify Feedback and to create +derivative works thereof, (ii) to make (and have made), use, import, +sell, offer for sale, lease, dispose, offer for disposal or otherwise +exploit any products or services of Digia containing Feedback, and +(iii) sublicense all the foregoing rights to third party licensees and +customers of Digia and/or its Affiliates. + +3. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If Licensee +does not agree to the terms of this Agreement, Licensee may not install, +copy, or otherwise use the Licensed Software. Upon Licensee's acceptance +of the terms and conditions of this Agreement, Digia grants Licensee the +right to use the Licensed Software in the manner provided below. + + +4. LICENSES + +4.1. Using and Copying + +Digia grants to Licensee a non-exclusive, non-transferable, time-limited +license to use and copy the Licensed Software for sole purpose of +designing, developing and testing Applications, and evaluating and the +Licensed Software during the Term. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that (a) if an individual, only such +individual; or (b) if a legal entity only its employees; use the +Licensed Software for the authorized purposes. + +4.2 No Distribution or Modifications + +Licensee may not disclose, modify, sell, market, commercialise, +distribute, loan, rent, lease, or license the Licensed Software or any +copy of it or use the Licensed Software for any purpose that is not +expressly granted in this Section 4. Licensee may not alter or remove +any details of ownership, copyright, trademark or other property right +connected with the Licensed Software. Licensee may not distribute any +software statically or dynamically linked with the Licensed Software. + +4.3 No Technical Support + +Digia has no obligation to furnish Licensee with any technical support +whatsoever. Any such support is subject to separate agreement between +the Parties. + + +5. PRE-RELEASE CODE + +The Licensed Software contains pre-release code that is not at the level +of performance and compatibility of a final, generally available, +product offering. The Licensed Software may not operate correctly and +may be substantially modified prior to the first commercial product +release, if any. Digia is not obligated to make this or any later +version of the Licensed Software commercially available. The License +Software is "Not for Commercial Use" and may only be used for the +purposes described in Section 4. The Licensed Software may not be used +in a live operating environment where it may be relied upon to perform +in the same manner as a commercially released product or with data that +has not been sufficiently backed up. + +6. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or code +(collectively "Third Party Software") to implement various functions. +Third Party Software does not comprise part of the Licensed Software. In +some cases, access to Third Party Software may be included along with +the Licensed Software delivery as a convenience for development and +testing only. Such source code and libraries may be listed in the +".../src/3rdparty" source tree delivered with the Licensed Software or +documented in the Licensed Software where the Third Party Software is +used, as may be amended from time to time, do not comprise the Licensed +Software. Licensee acknowledges (1) that some part of Third Party +Software may require additional licensing of copyright and patents from +the owners of such, and (2) that distribution of any of the Licensed +Software referencing any portion of a Third Party Software may require +appropriate licensing from such third parties. + + +7. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +The Licensed Software is licensed to Licensee "as is". To the maximum +extent permitted by applicable law, Digia on behalf of itself and its +suppliers, disclaims all warranties and conditions, either express or +implied, including, but not limited to, implied warranties of +merchantability, fitness for a particular purpose, title and +non-infringement with regard to the Licensed Software. + + +8. LIMITATION OF LIABILITY + +If, Digia's warranty disclaimer notwithstanding, Digia is held liable to +Licensee, whether in contract, tort or any other legal theory, based on +the Licensed Software, Digia's entire liability to Licensee and +Licensee's exclusive remedy shall be, at Digia's option, either (A) +return of the price Licensee paid for the Licensed Software, or (B) +repair or replacement of the Licensed Software, provided Licensee +returns to Digia all copies of the Licensed Software as originally +delivered to Licensee. Digia shall not under any circumstances be liable +to Licensee based on failure of the Licensed Software if the failure +resulted from accident, abuse or misapplication, nor shall Digia under +any circumstances be liable for special damages, punitive or exemplary +damages, damages for loss of profits or interruption of business or for +loss or corruption of data. Any award of damages from Digia to Licensee +shall not exceed the total amount Licensee has paid to Digia in +connection with this Agreement. + + +9. CONFIDENTIALITY + +Each party acknowledges that during the Term of this Agreement it shall +have access to information about the other party's business, business +methods, business plans, customers, business relations, technology, and +other information, including the terms of this Agreement, that is +confidential and of great value to the other party, and the value of +which would be significantly reduced if disclosed to third parties (the +"Confidential Information"). Accordingly, when a party (the "Receiving +Party") receives Confidential Information from another party (the +"Disclosing Party"), the Receiving Party shall, and shall obligate its +employees and agents and employees and agents of its Affiliates to: (i) +maintain the Confidential Information in strict confidence; (ii) not +disclose the Confidential Information to a third party without the +Disclosing Party's prior written approval; and (iii) not, directly or +indirectly, use the Confidential Information for any purpose other than +for exercising its rights and fulfilling its responsibilities pursuant +to this Agreement. Each party shall take reasonable measures to protect +the Confidential Information of the other party, which measures shall +not be less than the measures taken by such party to protect its own +confidential and proprietary information. + +"Confidential Information" shall not include information that (a) is or +becomes generally known to the public through no act or omission of the +Receiving Party; (b) was in the Receiving Party's lawful possession +prior to the disclosure hereunder and was not subject to limitations on +disclosure or use; (c) is developed by the Receiving Party without +access to the Confidential Information of the Disclosing Party or by +persons who have not had access to the Confidential Information of the +Disclosing Party as proven by the written records of the Receiving +Party; (d) is lawfully disclosed to the Receiving Party without +restrictions, by a third party not under an obligation of +confidentiality; or (e) the Receiving Party is legally compelled to +disclose the information, in which case the Receiving Party shall assert +the privileged and confidential nature of the information and cooperate +fully with the Disclosing Party to protect against and prevent +disclosure of any Confidential Information and to limit the scope of +disclosure and the dissemination of disclosed Confidential Information +by all legally available means. + +The obligations of the Receiving Party under this Section shall continue +during the Initial Term and for a period of five (5) years after +expiration or termination of this Agreement. To the extent that the +terms of the Non-Disclosure Agreement between Digia and Licensee +conflict with the terms of this Section 9, this Section 9 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +10. GENERAL PROVISIONS + +10.1 No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the prior +written consent of Digia, which shall not be unreasonably withheld. + +10.2 Termination + +Digia may terminate the Agreement at any time immediately upon written +notice by Digia to Licensee if Licensee breaches this Agreement. + +Upon termination of this Agreement, Licensee shall return to Digia all +copies of Licensed Software that were supplied by Digia. All other +copies of Licensed Software in the possession or control of Licensee +must be erased or destroyed. An officer of Licensee must promptly +deliver to Digia a written confirmation that this has occurred. + +10.3 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, +10.5, 10.6, 10.7, and 10.8 of this Agreement. + +10.4 Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with this +Agreement ("Non-Disclosure Agreement"), if any, shall be subject to +Section 9. No modification of this Agreement shall be effective unless +contained in a writing executed by an authorized representative of each +party. No term or condition contained in Licensee's purchase order shall +apply unless expressly accepted by Digia in writing. If any provision of +the Agreement is found void or unenforceable, the remainder shall remain +valid and enforceable according to its terms. If any remedy provided is +determined to have failed for its essential purpose, all limitations of +liability and exclusions of damages set forth in this Agreement shall +remain in effect. + +10.5 Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall fully +comply with all applicable export license restrictions and requirements +as well as with all laws and regulations relating to the importation of +the Licensed Software and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software., + +10.6 Governing Law and Legal Venue + +This Agreement shall be construed and interpreted in accordance with the +laws of Finland, excluding its choice of law provisions. Any disputes +arising out of or relating to this Agreement shall be resolved in +arbitration under the Rules of Arbitration of the Chamber of Commerce of +Helsinki, Finland. The arbitration tribunal shall consist of one (1), or +if either Party so requires, of three (3), arbitrators. The award shall +be final and binding and enforceable in any court of competent +jurisdiction. The arbitration shall be held in Helsinki, Finland and the +process shall be conducted in the English language. + +10.7 No Implied License + +There are no implied licenses or other implied rights granted under this +Agreement, and all rights, save for those expressly granted hereunder, +shall remain with Digia and its licensors. In addition, no licenses or +immunities are granted to the combination of the Licensed Software with +any other software or hardware not delivered by Digia under this +Agreement. + +10.8 Government End Users + +A "U.S. Government End User" shall mean any agency or entity of the +government of the United States. The following shall apply if Licensee +is a U.S. Government End User. The Licensed Software is a "commercial +item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), +consisting of "commercial computer software" and "commercial computer +software documentation," as such terms are used in 48 C.F.R. 12.212 +(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 +through 227.7202-4 (June 1995), all U.S. Government End Users acquire +the Licensed Software with only those rights set forth herein. The +Licensed Software (including related documentation) is provided to U.S. +Government End Users: (a) only as a commercial end item; and (b) only +pursuant to this Agreement. + + + + diff --git a/licenses/NOKIA-TPLA-2.4 b/licenses/NOKIA-TPLA-2.4 deleted file mode 100644 index c71a330e..00000000 --- a/licenses/NOKIA-TPLA-2.4 +++ /dev/null @@ -1,628 +0,0 @@ -TECHNOLOGY PREVIEW LICENSE AGREEMENT - -For individuals and/or legal entities resident in the Americas (North -America, Central America and South America), the applicable licensing -terms are specified under the heading "Technology Preview License -Agreement: The Americas". - -For individuals and/or legal entities not resident in The Americas, the -applicable licensing terms are specified under the heading "Technology -Preview License Agreement: Rest of the World". - - -TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas -Agreement version 2.4 - -This Technology Preview License Agreement ("Agreement")is a legal agreement -between Digia USA, Inc. ("Digia"), with its registered office at 32 W. -Loockerman Street, Suite 201, City of Dover, County of Kent, Delaware 19904, -U.S.A. and you (either an individual or a legal entity) ("Licensee") -for the Licensed Software (as defined below). - -1. DEFINITIONS - -"Affiliate" of a Party shall mean an entity (i) which is directly or -indirectly controlling such Party; (ii) which is under the same direct -or indirect ownership or control as such Party; or (iii) which is -directly or indirectly owned or controlled by such Party. For these -purposes, an entity shall be treated as being controlled by another if -that other entity has fifty percent (50 %) or more of the votes in such -entity, is able to direct its affairs and/or to control the composition -of its board of directors or equivalent body. - -"Applications" shall mean Licensee's software products created using the -Licensed Software which may include portions of the Licensed Software. - -"Term" shall mean the period of time six (6) months from the later of -(a) the Effective Date; or (b) the date the Licensed Software was -initially delivered to Licensee by Digia. If no specific Effective Date -is set forth in the Agreement, the Effective Date shall be deemed to be -the date the Licensed Software was initially delivered to Licensee. - -"Licensed Software" shall mean the computer software, "online" or -electronic documentation, associated media and printed materials, -including the source code, example programs and the documentation -delivered by Digia to Licensee in conjunction with this Agreement. - -"Party" or "Parties" shall mean Licensee and/or Digia. - - -2. OWNERSHIP - -The Licensed Software is protected by copyright laws and international -copyright treaties, as well as other intellectual property laws and -treaties. The Licensed Software is licensed, not sold. - -If Licensee provides any findings, proposals, suggestions or other -feedback ("Feedback") to Digia regarding the Licensed Software, Digia -shall own all right, title and interest including the intellectual -property rights in and to such Feedback, excluding however any existing -patent rights of Licensee. To the extent Licensee owns or controls any -patents for such Feedback Licensee hereby grants to Digia and its -Affiliates, a worldwide, perpetual, non-transferable, sublicensable, -royalty-free license to (i) use, copy and modify Feedback and to create -derivative works thereof, (ii) to make (and have made), use, import, -sell, offer for sale, lease, dispose, offer for disposal or otherwise -exploit any products or services of Digia containing Feedback, and -(iii) sublicense all the foregoing rights to third party licensees and -customers of Digia and/or its Affiliates. - - -3. VALIDITY OF THE AGREEMENT - -By installing, copying, or otherwise using the Licensed Software, -Licensee agrees to be bound by the terms of this Agreement. If Licensee -does not agree to the terms of this Agreement, Licensee may not install, -copy, or otherwise use the Licensed Software. Upon Licensee's acceptance -of the terms and conditions of this Agreement, Digia grants Licensee the -right to use the Licensed Software in the manner provided below. - - -4. LICENSES - -4.1. Using and Copying - -Digia grants to Licensee a non-exclusive, non-transferable, time-limited -license to use and copy the Licensed Software for sole purpose of -designing, developing and testing Applications, and evaluating and the -Licensed Software during the Term. - -Licensee may install copies of the Licensed Software on an unlimited -number of computers provided that (a) if an individual, only such -individual; or (b) if a legal entity only its employees; use the -Licensed Software for the authorized purposes. - -4.2 No Distribution or Modifications - -Licensee may not disclose, modify, sell, market, commercialise, -distribute, loan, rent, lease, or license the Licensed Software or any -copy of it or use the Licensed Software for any purpose that is not -expressly granted in this Section 4. Licensee may not alter or remove -any details of ownership, copyright, trademark or other property right -connected with the Licensed Software. Licensee may not distribute any -software statically or dynamically linked with the Licensed Software. - -4.3 No Technical Support - -Digia has no obligation to furnish Licensee with any technical support -whatsoever. Any such support is subject to separate agreement between -the Parties. - - -5. PRE-RELEASE CODE -The Licensed Software contains pre-release code that is not at the level -of performance and compatibility of a final, generally available, -product offering. The Licensed Software may not operate correctly and -may be substantially modified prior to the first commercial product -release, if any. Digia is not obligated to make this or any later -version of the Licensed Software commercially available. The License -Software is "Not for Commercial Use" and may only be used for the -purposes described in Section 4. The Licensed Software may not be used -in a live operating environment where it may be relied upon to perform -in the same manner as a commercially released product or with data that -has not been sufficiently backed up. - -6. THIRD PARTY SOFTWARE - -The Licensed Software may provide links to third party libraries or code -(collectively "Third Party Software") to implement various functions. -Third Party Software does not comprise part of the Licensed Software. In -some cases, access to Third Party Software may be included along with -the Licensed Software delivery as a convenience for development and -testing only. Such source code and libraries may be listed in the -".../src/3rdparty" source tree delivered with the Licensed Software or -documented in the Licensed Software where the Third Party Software is -used, as may be amended from time to time, do not comprise the Licensed -Software. Licensee acknowledges (1) that some part of Third Party -Software may require additional licensing of copyright and patents from -the owners of such, and (2) that distribution of any of the Licensed -Software referencing any portion of a Third Party Software may require -appropriate licensing from such third parties. - - -7. LIMITED WARRANTY AND WARRANTY DISCLAIMER - -The Licensed Software is licensed to Licensee "as is". To the maximum -extent permitted by applicable law, Digia on behalf of itself and its -suppliers, disclaims all warranties and conditions, either express or -implied, including, but not limited to, implied warranties of -merchantability, fitness for a particular purpose, title and -non-infringement with regard to the Licensed Software. - - -8. LIMITATION OF LIABILITY - -If, Digia's warranty disclaimer notwithstanding, Digia is held liable to -Licensee, whether in contract, tort or any other legal theory, based on -the Licensed Software, Digia's entire liability to Licensee and -Licensee's exclusive remedy shall be, at Digia's option, either (A) -return of the price Licensee paid for the Licensed Software, or (B) -repair or replacement of the Licensed Software, provided Licensee -returns to Digia all copies of the Licensed Software as originally -delivered to Licensee. Digia shall not under any circumstances be liable -to Licensee based on failure of the Licensed Software if the failure -resulted from accident, abuse or misapplication, nor shall Digia under -any circumstances be liable for special damages, punitive or exemplary -damages, damages for loss of profits or interruption of business or for -loss or corruption of data. Any award of damages from Digia to Licensee -shall not exceed the total amount Licensee has paid to Digia in -connection with this Agreement. - - -9. CONFIDENTIALITY - -Each party acknowledges that during the Term of this Agreement it shall -have access to information about the other party's business, business -methods, business plans, customers, business relations, technology, and -other information, including the terms of this Agreement, that is -confidential and of great value to the other party, and the value of -which would be significantly reduced if disclosed to third parties (the -"Confidential Information"). Accordingly, when a party (the "Receiving -Party") receives Confidential Information from another party (the -"Disclosing Party"), the Receiving Party shall, and shall obligate its -employees and agents and employees and agents of its Affiliates to: (i) -maintain the Confidential Information in strict confidence; (ii) not -disclose the Confidential Information to a third party without the -Disclosing Party's prior written approval; and (iii) not, directly or -indirectly, use the Confidential Information for any purpose other than -for exercising its rights and fulfilling its responsibilities pursuant -to this Agreement. Each party shall take reasonable measures to protect -the Confidential Information of the other party, which measures shall -not be less than the measures taken by such party to protect its own -confidential and proprietary information. - -"Confidential Information" shall not include information that (a) is or -becomes generally known to the public through no act or omission of the -Receiving Party; (b) was in the Receiving Party's lawful possession -prior to the disclosure hereunder and was not subject to limitations on -disclosure or use; (c) is developed by the Receiving Party without -access to the Confidential Information of the Disclosing Party or by -persons who have not had access to the Confidential Information of the -Disclosing Party as proven by the written records of the Receiving -Party; (d) is lawfully disclosed to the Receiving Party without -restrictions, by a third party not under an obligation of -confidentiality; or (e) the Receiving Party is legally compelled to -disclose the information, in which case the Receiving Party shall assert -the privileged and confidential nature of the information and cooperate -fully with the Disclosing Party to protect against and prevent -disclosure of any Confidential Information and to limit the scope of -disclosure and the dissemination of disclosed Confidential Information -by all legally available means. - -The obligations of the Receiving Party under this Section shall continue -during the Initial Term and for a period of five (5) years after -expiration or termination of this Agreement. To the extent that the -terms of the Non-Disclosure Agreement between Digia and Licensee -conflict with the terms of this Section 9, this Section 9 shall be -controlling over the terms of the Non-Disclosure Agreement. - - -10. GENERAL PROVISIONS - -10.1 No Assignment - -Licensee shall not be entitled to assign or transfer all or any of its -rights, benefits and obligations under this Agreement without the prior -written consent of Digia, which shall not be unreasonably withheld. - -10.2 Termination - -Digia may terminate the Agreement at any time immediately upon written -notice by Digia to Licensee if Licensee breaches this Agreement. - -Upon termination of this Agreement, Licensee shall return to Digia all -copies of Licensed Software that were supplied by Digia. All other -copies of Licensed Software in the possession or control of Licensee -must be erased or destroyed. An officer of Licensee must promptly -deliver to Digia a written confirmation that this has occurred. - -10.3 Surviving Sections - -Any terms and conditions that by their nature or otherwise reasonably -should survive a cancellation or termination of this Agreement shall -also be deemed to survive. Such terms and conditions include, but are -not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, -10.5, 10.6, 10.7, and 10.8 of this Agreement. - -10.4 Entire Agreement - -This Agreement constitutes the complete agreement between the parties -and supersedes all prior or contemporaneous discussions, -representations, and proposals, written or oral, with respect to the -subject matters discussed herein, with the exception of the -non-disclosure agreement executed by the parties in connection with this -Agreement ("Non-Disclosure Agreement"), if any, shall be subject to -Section 9. No modification of this Agreement shall be effective unless -contained in a writing executed by an authorized representative of each -party. No term or condition contained in Licensee's purchase order shall -apply unless expressly accepted by Digia in writing. If any provision of -the Agreement is found void or unenforceable, the remainder shall remain -valid and enforceable according to its terms. If any remedy provided is -determined to have failed for its essential purpose, all limitations of -liability and exclusions of damages set forth in this Agreement shall -remain in effect. - -10.5 Export Control - -Licensee acknowledges that the Licensed Software may be subject to -export control restrictions of various countries. Licensee shall fully -comply with all applicable export license restrictions and requirements -as well as with all laws and regulations relating to the importation of -the Licensed Software and shall procure all necessary governmental -authorizations, including without limitation, all necessary licenses, -approvals, permissions or consents, where necessary for the -re-exportation of the Licensed Software., - -10.6 Governing Law and Legal Venue - -This Agreement shall be governed by and construed in accordance with the -federal laws of the United States of America and the internal laws of -the State of New York without given effect to any choice of law rule -that would result in the application of the laws of any other -jurisdiction. The United Nations Convention on Contracts for the -International Sale of Goods (CISG) shall not apply. Each Party (a) -hereby irrevocably submits itself to and consents to the jurisdiction of -the United States District Court for the Southern District of New York -(or if such court lacks jurisdiction, the state courts of the State of -New York) for the purposes of any action, claim, suit or proceeding -between the Parties in connection with any controversy, claim, or -dispute arising out of or relating to this Agreement; and (b) hereby -waives, and agrees not to assert by way of motion, as a defense or -otherwise, in any such action, claim, suit or proceeding, any claim that -is not personally subject to the jurisdiction of such court(s), that the -action, claim, suit or proceeding is brought in an inconvenient forum or -that the venue of the action, claim, suit or proceeding is improper. -Notwithstanding the foregoing, nothing in this Section 9.6 is intended -to, or shall be deemed to, constitute a submission or consent to, or -selection of, jurisdiction, forum or venue for any action for patent -infringement, whether or not such action relates to this Agreement. - -10.7 No Implied License - -There are no implied licenses or other implied rights granted under this -Agreement, and all rights, save for those expressly granted hereunder, -shall remain with Digia and its licensors. In addition, no licenses or -immunities are granted to the combination of the Licensed Software with -any other software or hardware not delivered by Digia under this -Agreement. - -10.8 Government End Users - -A "U.S. Government End User" shall mean any agency or entity of the -government of the United States. The following shall apply if Licensee -is a U.S. Government End User. The Licensed Software is a "commercial -item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), -consisting of "commercial computer software" and "commercial computer -software documentation," as such terms are used in 48 C.F.R. 12.212 -(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 -through 227.7202-4 (June 1995), all U.S. Government End Users acquire -the Licensed Software with only those rights set forth herein. The -Licensed Software (including related documentation) is provided to U.S. -Government End Users: (a) only as a commercial end item; and (b) only -pursuant to this Agreement. - - - - - -TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World -Agreement version 2.4 - -This Technology Preview License Agreement ("Agreement") is a legal -agreement between Digia Finland Ltd ("Digia"), with its registered office at -Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a -legal entity) ("Licensee") for the Licensed Software. - -1. DEFINITIONS - -"Affiliate" of a Party shall mean an entity (i) which is directly or -indirectly controlling such Party; (ii) which is under the same direct -or indirect ownership or control as such Party; or (iii) which is -directly or indirectly owned or controlled by such Party. For these -purposes, an entity shall be treated as being controlled by another if -that other entity has fifty percent (50 %) or more of the votes in such -entity, is able to direct its affairs and/or to control the composition -of its board of directors or equivalent body. - -"Applications" shall mean Licensee's software products created using the -Licensed Software which may include portions of the Licensed Software. - -"Term" shall mean the period of time six (6) months from the later of -(a) the Effective Date; or (b) the date the Licensed Software was -initially delivered to Licensee by Digia. If no specific Effective Date -is set forth in the Agreement, the Effective Date shall be deemed to be -the date the Licensed Software was initially delivered to Licensee. - -"Licensed Software" shall mean the computer software, "online" or -electronic documentation, associated media and printed materials, -including the source code, example programs and the documentation -delivered by Digia to Licensee in conjunction with this Agreement. - -"Party" or "Parties" shall mean Licensee and/or Digia. - - -2. OWNERSHIP - -The Licensed Software is protected by copyright laws and international -copyright treaties, as well as other intellectual property laws and -treaties. The Licensed Software is licensed, not sold. - -If Licensee provides any findings, proposals, suggestions or other -feedback ("Feedback") to Digia regarding the Licensed Software, Digia -shall own all right, title and interest including the intellectual -property rights in and to such Feedback, excluding however any existing -patent rights of Licensee. To the extent Licensee owns or controls any -patents for such Feedback Licensee hereby grants to Digia and its -Affiliates, a worldwide, perpetual, non-transferable, sublicensable, -royalty-free license to (i) use, copy and modify Feedback and to create -derivative works thereof, (ii) to make (and have made), use, import, -sell, offer for sale, lease, dispose, offer for disposal or otherwise -exploit any products or services of Digia containing Feedback, and -(iii) sublicense all the foregoing rights to third party licensees and -customers of Digia and/or its Affiliates. - -3. VALIDITY OF THE AGREEMENT - -By installing, copying, or otherwise using the Licensed Software, -Licensee agrees to be bound by the terms of this Agreement. If Licensee -does not agree to the terms of this Agreement, Licensee may not install, -copy, or otherwise use the Licensed Software. Upon Licensee's acceptance -of the terms and conditions of this Agreement, Digia grants Licensee the -right to use the Licensed Software in the manner provided below. - - -4. LICENSES - -4.1. Using and Copying - -Digia grants to Licensee a non-exclusive, non-transferable, time-limited -license to use and copy the Licensed Software for sole purpose of -designing, developing and testing Applications, and evaluating and the -Licensed Software during the Term. - -Licensee may install copies of the Licensed Software on an unlimited -number of computers provided that (a) if an individual, only such -individual; or (b) if a legal entity only its employees; use the -Licensed Software for the authorized purposes. - -4.2 No Distribution or Modifications - -Licensee may not disclose, modify, sell, market, commercialise, -distribute, loan, rent, lease, or license the Licensed Software or any -copy of it or use the Licensed Software for any purpose that is not -expressly granted in this Section 4. Licensee may not alter or remove -any details of ownership, copyright, trademark or other property right -connected with the Licensed Software. Licensee may not distribute any -software statically or dynamically linked with the Licensed Software. - -4.3 No Technical Support - -Digia has no obligation to furnish Licensee with any technical support -whatsoever. Any such support is subject to separate agreement between -the Parties. - - -5. PRE-RELEASE CODE - -The Licensed Software contains pre-release code that is not at the level -of performance and compatibility of a final, generally available, -product offering. The Licensed Software may not operate correctly and -may be substantially modified prior to the first commercial product -release, if any. Digia is not obligated to make this or any later -version of the Licensed Software commercially available. The License -Software is "Not for Commercial Use" and may only be used for the -purposes described in Section 4. The Licensed Software may not be used -in a live operating environment where it may be relied upon to perform -in the same manner as a commercially released product or with data that -has not been sufficiently backed up. - -6. THIRD PARTY SOFTWARE - -The Licensed Software may provide links to third party libraries or code -(collectively "Third Party Software") to implement various functions. -Third Party Software does not comprise part of the Licensed Software. In -some cases, access to Third Party Software may be included along with -the Licensed Software delivery as a convenience for development and -testing only. Such source code and libraries may be listed in the -".../src/3rdparty" source tree delivered with the Licensed Software or -documented in the Licensed Software where the Third Party Software is -used, as may be amended from time to time, do not comprise the Licensed -Software. Licensee acknowledges (1) that some part of Third Party -Software may require additional licensing of copyright and patents from -the owners of such, and (2) that distribution of any of the Licensed -Software referencing any portion of a Third Party Software may require -appropriate licensing from such third parties. - - -7. LIMITED WARRANTY AND WARRANTY DISCLAIMER - -The Licensed Software is licensed to Licensee "as is". To the maximum -extent permitted by applicable law, Digia on behalf of itself and its -suppliers, disclaims all warranties and conditions, either express or -implied, including, but not limited to, implied warranties of -merchantability, fitness for a particular purpose, title and -non-infringement with regard to the Licensed Software. - - -8. LIMITATION OF LIABILITY - -If, Digia's warranty disclaimer notwithstanding, Digia is held liable to -Licensee, whether in contract, tort or any other legal theory, based on -the Licensed Software, Digia's entire liability to Licensee and -Licensee's exclusive remedy shall be, at Digia's option, either (A) -return of the price Licensee paid for the Licensed Software, or (B) -repair or replacement of the Licensed Software, provided Licensee -returns to Digia all copies of the Licensed Software as originally -delivered to Licensee. Digia shall not under any circumstances be liable -to Licensee based on failure of the Licensed Software if the failure -resulted from accident, abuse or misapplication, nor shall Digia under -any circumstances be liable for special damages, punitive or exemplary -damages, damages for loss of profits or interruption of business or for -loss or corruption of data. Any award of damages from Digia to Licensee -shall not exceed the total amount Licensee has paid to Digia in -connection with this Agreement. - - -9. CONFIDENTIALITY - -Each party acknowledges that during the Term of this Agreement it shall -have access to information about the other party's business, business -methods, business plans, customers, business relations, technology, and -other information, including the terms of this Agreement, that is -confidential and of great value to the other party, and the value of -which would be significantly reduced if disclosed to third parties (the -"Confidential Information"). Accordingly, when a party (the "Receiving -Party") receives Confidential Information from another party (the -"Disclosing Party"), the Receiving Party shall, and shall obligate its -employees and agents and employees and agents of its Affiliates to: (i) -maintain the Confidential Information in strict confidence; (ii) not -disclose the Confidential Information to a third party without the -Disclosing Party's prior written approval; and (iii) not, directly or -indirectly, use the Confidential Information for any purpose other than -for exercising its rights and fulfilling its responsibilities pursuant -to this Agreement. Each party shall take reasonable measures to protect -the Confidential Information of the other party, which measures shall -not be less than the measures taken by such party to protect its own -confidential and proprietary information. - -"Confidential Information" shall not include information that (a) is or -becomes generally known to the public through no act or omission of the -Receiving Party; (b) was in the Receiving Party's lawful possession -prior to the disclosure hereunder and was not subject to limitations on -disclosure or use; (c) is developed by the Receiving Party without -access to the Confidential Information of the Disclosing Party or by -persons who have not had access to the Confidential Information of the -Disclosing Party as proven by the written records of the Receiving -Party; (d) is lawfully disclosed to the Receiving Party without -restrictions, by a third party not under an obligation of -confidentiality; or (e) the Receiving Party is legally compelled to -disclose the information, in which case the Receiving Party shall assert -the privileged and confidential nature of the information and cooperate -fully with the Disclosing Party to protect against and prevent -disclosure of any Confidential Information and to limit the scope of -disclosure and the dissemination of disclosed Confidential Information -by all legally available means. - -The obligations of the Receiving Party under this Section shall continue -during the Initial Term and for a period of five (5) years after -expiration or termination of this Agreement. To the extent that the -terms of the Non-Disclosure Agreement between Digia and Licensee -conflict with the terms of this Section 9, this Section 9 shall be -controlling over the terms of the Non-Disclosure Agreement. - - -10. GENERAL PROVISIONS - -10.1 No Assignment - -Licensee shall not be entitled to assign or transfer all or any of its -rights, benefits and obligations under this Agreement without the prior -written consent of Digia, which shall not be unreasonably withheld. - -10.2 Termination - -Digia may terminate the Agreement at any time immediately upon written -notice by Digia to Licensee if Licensee breaches this Agreement. - -Upon termination of this Agreement, Licensee shall return to Digia all -copies of Licensed Software that were supplied by Digia. All other -copies of Licensed Software in the possession or control of Licensee -must be erased or destroyed. An officer of Licensee must promptly -deliver to Digia a written confirmation that this has occurred. - -10.3 Surviving Sections - -Any terms and conditions that by their nature or otherwise reasonably -should survive a cancellation or termination of this Agreement shall -also be deemed to survive. Such terms and conditions include, but are -not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, -10.5, 10.6, 10.7, and 10.8 of this Agreement. - -10.4 Entire Agreement - -This Agreement constitutes the complete agreement between the parties -and supersedes all prior or contemporaneous discussions, -representations, and proposals, written or oral, with respect to the -subject matters discussed herein, with the exception of the -non-disclosure agreement executed by the parties in connection with this -Agreement ("Non-Disclosure Agreement"), if any, shall be subject to -Section 9. No modification of this Agreement shall be effective unless -contained in a writing executed by an authorized representative of each -party. No term or condition contained in Licensee's purchase order shall -apply unless expressly accepted by Digia in writing. If any provision of -the Agreement is found void or unenforceable, the remainder shall remain -valid and enforceable according to its terms. If any remedy provided is -determined to have failed for its essential purpose, all limitations of -liability and exclusions of damages set forth in this Agreement shall -remain in effect. - -10.5 Export Control - -Licensee acknowledges that the Licensed Software may be subject to -export control restrictions of various countries. Licensee shall fully -comply with all applicable export license restrictions and requirements -as well as with all laws and regulations relating to the importation of -the Licensed Software and shall procure all necessary governmental -authorizations, including without limitation, all necessary licenses, -approvals, permissions or consents, where necessary for the -re-exportation of the Licensed Software., - -10.6 Governing Law and Legal Venue - -This Agreement shall be construed and interpreted in accordance with the -laws of Finland, excluding its choice of law provisions. Any disputes -arising out of or relating to this Agreement shall be resolved in -arbitration under the Rules of Arbitration of the Chamber of Commerce of -Helsinki, Finland. The arbitration tribunal shall consist of one (1), or -if either Party so requires, of three (3), arbitrators. The award shall -be final and binding and enforceable in any court of competent -jurisdiction. The arbitration shall be held in Helsinki, Finland and the -process shall be conducted in the English language. - -10.7 No Implied License - -There are no implied licenses or other implied rights granted under this -Agreement, and all rights, save for those expressly granted hereunder, -shall remain with Digia and its licensors. In addition, no licenses or -immunities are granted to the combination of the Licensed Software with -any other software or hardware not delivered by Digia under this -Agreement. - -10.8 Government End Users - -A "U.S. Government End User" shall mean any agency or entity of the -government of the United States. The following shall apply if Licensee -is a U.S. Government End User. The Licensed Software is a "commercial -item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), -consisting of "commercial computer software" and "commercial computer -software documentation," as such terms are used in 48 C.F.R. 12.212 -(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 -through 227.7202-4 (June 1995), all U.S. Government End Users acquire -the Licensed Software with only those rights set forth herein. The -Licensed Software (including related documentation) is provided to U.S. -Government End Users: (a) only as a commercial end item; and (b) only -pursuant to this Agreement. - - - - diff --git a/recipes-qt/qt5/qt3d.inc b/recipes-qt/qt5/qt3d.inc index dcbef461..1dec2b27 100644 --- a/recipes-qt/qt5/qt3d.inc +++ b/recipes-qt/qt5/qt3d.inc @@ -2,7 +2,7 @@ require qt5.inc DEPENDS += "qtdeclarative" -LICENSE = "GFDL-1.3 & LGPL-2.1 & NOKIA-TPLA-2.4 | GPL-3.0" +LICENSE = "GFDL-1.3 & LGPL-2.1 & DIGIA-TPLA-2.4 | GPL-3.0" LIC_FILES_CHKSUM = "file://LICENSE.LGPL;md5=4193e7f1d47a858f6b7c0f1ee66161de \ file://LGPL_EXCEPTION.txt;md5=0145c4d1b6f96a661c2c139dfb268fb6 \ file://LICENSE.PREVIEW.COMMERCIAL;md5=9d94dadfab8b246782ffea02082ee13a \ -- cgit v1.2.3