diff options
| author | Julien Brianceau \(jbriance\) <jbriance@cisco.com> | 2015-08-28 12:45:35 +0000 |
|---|---|---|
| committer | Martin Jansa <Martin.Jansa@gmail.com> | 2015-09-07 17:05:42 +0200 |
| commit | 67f94fb2499539963cfa6922c1a823c68dbf9598 (patch) | |
| tree | 511206d6c47e53bd98fe82fd51901ddc300bce04 /licenses | |
| parent | c7db26d146a4a9f7ea2b325d426dc770e88ac152 (diff) | |
| download | meta-qt5-67f94fb2499539963cfa6922c1a823c68dbf9598.tar.gz | |
qt3d: Remove GFDL-1.3 & DIGIA-TPLA-2.4 from LICENSE list
* qt3d is not a technical preview anymore since 5.5
* Take the opportunity to update TPLA license, using
LICENSE.PREVIEW.COMMERCIAL file from qtbase
Signed-off-by: Julien Brianceau <jbriance@cisco.com>
Signed-off-by: Martin Jansa <Martin.Jansa@gmail.com>
Diffstat (limited to 'licenses')
| -rw-r--r-- | licenses/The-Qt-Company-TPLA-2.4 (renamed from licenses/DIGIA-TPLA-2.4) | 226 |
1 files changed, 114 insertions, 112 deletions
diff --git a/licenses/DIGIA-TPLA-2.4 b/licenses/The-Qt-Company-TPLA-2.4 index c71a330e..0f96e738 100644 --- a/licenses/DIGIA-TPLA-2.4 +++ b/licenses/The-Qt-Company-TPLA-2.4 | |||
| @@ -14,9 +14,9 @@ TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas | |||
| 14 | Agreement version 2.4 | 14 | Agreement version 2.4 |
| 15 | 15 | ||
| 16 | This Technology Preview License Agreement ("Agreement")is a legal agreement | 16 | This Technology Preview License Agreement ("Agreement")is a legal agreement |
| 17 | between Digia USA, Inc. ("Digia"), with its registered office at 32 W. | 17 | between The Qt Company USA, Inc. ("The Qt Company"), with its registered |
| 18 | Loockerman Street, Suite 201, City of Dover, County of Kent, Delaware 19904, | 18 | office at 2350 Mission College Blvd., Suite 1020, Santa Clara, California |
| 19 | U.S.A. and you (either an individual or a legal entity) ("Licensee") | 19 | 95054, U.S.A. and you (either an individual or a legal entity) ("Licensee") |
| 20 | for the Licensed Software (as defined below). | 20 | for the Licensed Software (as defined below). |
| 21 | 21 | ||
| 22 | 1. DEFINITIONS | 22 | 1. DEFINITIONS |
| @@ -35,16 +35,16 @@ Licensed Software which may include portions of the Licensed Software. | |||
| 35 | 35 | ||
| 36 | "Term" shall mean the period of time six (6) months from the later of | 36 | "Term" shall mean the period of time six (6) months from the later of |
| 37 | (a) the Effective Date; or (b) the date the Licensed Software was | 37 | (a) the Effective Date; or (b) the date the Licensed Software was |
| 38 | initially delivered to Licensee by Digia. If no specific Effective Date | 38 | initially delivered to Licensee by The Qt Company. If no specific Effective |
| 39 | is set forth in the Agreement, the Effective Date shall be deemed to be | 39 | Date is set forth in the Agreement, the Effective Date shall be deemed to be |
| 40 | the date the Licensed Software was initially delivered to Licensee. | 40 | the date the Licensed Software was initially delivered to Licensee. |
| 41 | 41 | ||
| 42 | "Licensed Software" shall mean the computer software, "online" or | 42 | "Licensed Software" shall mean the computer software, "online" or |
| 43 | electronic documentation, associated media and printed materials, | 43 | electronic documentation, associated media and printed materials, |
| 44 | including the source code, example programs and the documentation | 44 | including the source code, example programs and the documentation |
| 45 | delivered by Digia to Licensee in conjunction with this Agreement. | 45 | delivered by The Qt Company to Licensee in conjunction with this Agreement. |
| 46 | 46 | ||
| 47 | "Party" or "Parties" shall mean Licensee and/or Digia. | 47 | "Party" or "Parties" shall mean Licensee and/or The Qt Company. |
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | 2. OWNERSHIP | 50 | 2. OWNERSHIP |
| @@ -54,18 +54,18 @@ copyright treaties, as well as other intellectual property laws and | |||
| 54 | treaties. The Licensed Software is licensed, not sold. | 54 | treaties. The Licensed Software is licensed, not sold. |
| 55 | 55 | ||
| 56 | If Licensee provides any findings, proposals, suggestions or other | 56 | If Licensee provides any findings, proposals, suggestions or other |
| 57 | feedback ("Feedback") to Digia regarding the Licensed Software, Digia | 57 | feedback ("Feedback") to The Qt Company regarding the Licensed Software, |
| 58 | shall own all right, title and interest including the intellectual | 58 | The Qt Company shall own all right, title and interest including the |
| 59 | property rights in and to such Feedback, excluding however any existing | 59 | intellectual property rights in and to such Feedback, excluding however any |
| 60 | patent rights of Licensee. To the extent Licensee owns or controls any | 60 | existing patent rights of Licensee. To the extent Licensee owns or controls |
| 61 | patents for such Feedback Licensee hereby grants to Digia and its | 61 | any patents for such Feedback Licensee hereby grants to The Qt Company and its |
| 62 | Affiliates, a worldwide, perpetual, non-transferable, sublicensable, | 62 | Affiliates, a worldwide, perpetual, non-transferable, sublicensable, |
| 63 | royalty-free license to (i) use, copy and modify Feedback and to create | 63 | royalty-free license to (i) use, copy and modify Feedback and to create |
| 64 | derivative works thereof, (ii) to make (and have made), use, import, | 64 | derivative works thereof, (ii) to make (and have made), use, import, |
| 65 | sell, offer for sale, lease, dispose, offer for disposal or otherwise | 65 | sell, offer for sale, lease, dispose, offer for disposal or otherwise |
| 66 | exploit any products or services of Digia containing Feedback, and | 66 | exploit any products or services of The Qt Company containing Feedback, and |
| 67 | (iii) sublicense all the foregoing rights to third party licensees and | 67 | (iii) sublicense all the foregoing rights to third party licensees and |
| 68 | customers of Digia and/or its Affiliates. | 68 | customers of The Qt Company and/or its Affiliates. |
| 69 | 69 | ||
| 70 | 70 | ||
| 71 | 3. VALIDITY OF THE AGREEMENT | 71 | 3. VALIDITY OF THE AGREEMENT |
| @@ -74,17 +74,17 @@ By installing, copying, or otherwise using the Licensed Software, | |||
| 74 | Licensee agrees to be bound by the terms of this Agreement. If Licensee | 74 | Licensee agrees to be bound by the terms of this Agreement. If Licensee |
| 75 | does not agree to the terms of this Agreement, Licensee may not install, | 75 | does not agree to the terms of this Agreement, Licensee may not install, |
| 76 | copy, or otherwise use the Licensed Software. Upon Licensee's acceptance | 76 | copy, or otherwise use the Licensed Software. Upon Licensee's acceptance |
| 77 | of the terms and conditions of this Agreement, Digia grants Licensee the | 77 | of the terms and conditions of this Agreement, The Qt Company grants Licensee |
| 78 | right to use the Licensed Software in the manner provided below. | 78 | the right to use the Licensed Software in the manner provided below. |
| 79 | 79 | ||
| 80 | 80 | ||
| 81 | 4. LICENSES | 81 | 4. LICENSES |
| 82 | 82 | ||
| 83 | 4.1. Using and Copying | 83 | 4.1. Using and Copying |
| 84 | 84 | ||
| 85 | Digia grants to Licensee a non-exclusive, non-transferable, time-limited | 85 | The Qt Company grants to Licensee a non-exclusive, non-transferable, |
| 86 | license to use and copy the Licensed Software for sole purpose of | 86 | time-limited license to use and copy the Licensed Software for sole purpose |
| 87 | designing, developing and testing Applications, and evaluating and the | 87 | of designing, developing and testing Applications, and evaluating and the |
| 88 | Licensed Software during the Term. | 88 | Licensed Software during the Term. |
| 89 | 89 | ||
| 90 | Licensee may install copies of the Licensed Software on an unlimited | 90 | Licensee may install copies of the Licensed Software on an unlimited |
| @@ -100,12 +100,12 @@ copy of it or use the Licensed Software for any purpose that is not | |||
| 100 | expressly granted in this Section 4. Licensee may not alter or remove | 100 | expressly granted in this Section 4. Licensee may not alter or remove |
| 101 | any details of ownership, copyright, trademark or other property right | 101 | any details of ownership, copyright, trademark or other property right |
| 102 | connected with the Licensed Software. Licensee may not distribute any | 102 | connected with the Licensed Software. Licensee may not distribute any |
| 103 | software statically or dynamically linked with the Licensed Software. | 103 | software statically or dynamically linked with the Licensed Software. |
| 104 | 104 | ||
| 105 | 4.3 No Technical Support | 105 | 4.3 No Technical Support |
| 106 | 106 | ||
| 107 | Digia has no obligation to furnish Licensee with any technical support | 107 | The Qt Company has no obligation to furnish Licensee with any technical |
| 108 | whatsoever. Any such support is subject to separate agreement between | 108 | support whatsoever. Any such support is subject to separate agreement between |
| 109 | the Parties. | 109 | the Parties. |
| 110 | 110 | ||
| 111 | 111 | ||
| @@ -114,7 +114,7 @@ The Licensed Software contains pre-release code that is not at the level | |||
| 114 | of performance and compatibility of a final, generally available, | 114 | of performance and compatibility of a final, generally available, |
| 115 | product offering. The Licensed Software may not operate correctly and | 115 | product offering. The Licensed Software may not operate correctly and |
| 116 | may be substantially modified prior to the first commercial product | 116 | may be substantially modified prior to the first commercial product |
| 117 | release, if any. Digia is not obligated to make this or any later | 117 | release, if any. The Qt Company is not obligated to make this or any later |
| 118 | version of the Licensed Software commercially available. The License | 118 | version of the Licensed Software commercially available. The License |
| 119 | Software is "Not for Commercial Use" and may only be used for the | 119 | Software is "Not for Commercial Use" and may only be used for the |
| 120 | purposes described in Section 4. The Licensed Software may not be used | 120 | purposes described in Section 4. The Licensed Software may not be used |
| @@ -143,8 +143,8 @@ appropriate licensing from such third parties. | |||
| 143 | 7. LIMITED WARRANTY AND WARRANTY DISCLAIMER | 143 | 7. LIMITED WARRANTY AND WARRANTY DISCLAIMER |
| 144 | 144 | ||
| 145 | The Licensed Software is licensed to Licensee "as is". To the maximum | 145 | The Licensed Software is licensed to Licensee "as is". To the maximum |
| 146 | extent permitted by applicable law, Digia on behalf of itself and its | 146 | extent permitted by applicable law, The Qt Company on behalf of itself and |
| 147 | suppliers, disclaims all warranties and conditions, either express or | 147 | its suppliers, disclaims all warranties and conditions, either express or |
| 148 | implied, including, but not limited to, implied warranties of | 148 | implied, including, but not limited to, implied warranties of |
| 149 | merchantability, fitness for a particular purpose, title and | 149 | merchantability, fitness for a particular purpose, title and |
| 150 | non-infringement with regard to the Licensed Software. | 150 | non-infringement with regard to the Licensed Software. |
| @@ -152,21 +152,21 @@ non-infringement with regard to the Licensed Software. | |||
| 152 | 152 | ||
| 153 | 8. LIMITATION OF LIABILITY | 153 | 8. LIMITATION OF LIABILITY |
| 154 | 154 | ||
| 155 | If, Digia's warranty disclaimer notwithstanding, Digia is held liable to | 155 | If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is |
| 156 | Licensee, whether in contract, tort or any other legal theory, based on | 156 | held liable to Licensee, whether in contract, tort or any other legal theory, |
| 157 | the Licensed Software, Digia's entire liability to Licensee and | 157 | based on the Licensed Software, The Qt Company's entire liability to Licensee |
| 158 | Licensee's exclusive remedy shall be, at Digia's option, either (A) | 158 | and Licensee's exclusive remedy shall be, at The Qt Company's option, either |
| 159 | return of the price Licensee paid for the Licensed Software, or (B) | 159 | (A) return of the price Licensee paid for the Licensed Software, or (B) |
| 160 | repair or replacement of the Licensed Software, provided Licensee | 160 | repair or replacement of the Licensed Software, provided Licensee |
| 161 | returns to Digia all copies of the Licensed Software as originally | 161 | returns to The Qt Company all copies of the Licensed Software as originally |
| 162 | delivered to Licensee. Digia shall not under any circumstances be liable | 162 | delivered to Licensee. The Qt Company shall not under any circumstances be |
| 163 | to Licensee based on failure of the Licensed Software if the failure | 163 | liable to Licensee based on failure of the Licensed Software if the failure |
| 164 | resulted from accident, abuse or misapplication, nor shall Digia under | 164 | resulted from accident, abuse or misapplication, nor shall The Qt Company |
| 165 | any circumstances be liable for special damages, punitive or exemplary | 165 | under any circumstances be liable for special damages, punitive or exemplary |
| 166 | damages, damages for loss of profits or interruption of business or for | 166 | damages, damages for loss of profits or interruption of business or for |
| 167 | loss or corruption of data. Any award of damages from Digia to Licensee | 167 | loss or corruption of data. Any award of damages from The Qt Company to |
| 168 | shall not exceed the total amount Licensee has paid to Digia in | 168 | Licensee shall not exceed the total amount Licensee has paid to The Qt |
| 169 | connection with this Agreement. | 169 | Company in connection with this Agreement. |
| 170 | 170 | ||
| 171 | 171 | ||
| 172 | 9. CONFIDENTIALITY | 172 | 9. CONFIDENTIALITY |
| @@ -212,7 +212,7 @@ by all legally available means. | |||
| 212 | The obligations of the Receiving Party under this Section shall continue | 212 | The obligations of the Receiving Party under this Section shall continue |
| 213 | during the Initial Term and for a period of five (5) years after | 213 | during the Initial Term and for a period of five (5) years after |
| 214 | expiration or termination of this Agreement. To the extent that the | 214 | expiration or termination of this Agreement. To the extent that the |
| 215 | terms of the Non-Disclosure Agreement between Digia and Licensee | 215 | terms of the Non-Disclosure Agreement between The Qt Company and Licensee |
| 216 | conflict with the terms of this Section 9, this Section 9 shall be | 216 | conflict with the terms of this Section 9, this Section 9 shall be |
| 217 | controlling over the terms of the Non-Disclosure Agreement. | 217 | controlling over the terms of the Non-Disclosure Agreement. |
| 218 | 218 | ||
| @@ -223,18 +223,19 @@ controlling over the terms of the Non-Disclosure Agreement. | |||
| 223 | 223 | ||
| 224 | Licensee shall not be entitled to assign or transfer all or any of its | 224 | Licensee shall not be entitled to assign or transfer all or any of its |
| 225 | rights, benefits and obligations under this Agreement without the prior | 225 | rights, benefits and obligations under this Agreement without the prior |
| 226 | written consent of Digia, which shall not be unreasonably withheld. | 226 | written consent of The Qt Company, which shall not be unreasonably withheld. |
| 227 | 227 | ||
| 228 | 10.2 Termination | 228 | 10.2 Termination |
| 229 | 229 | ||
| 230 | Digia may terminate the Agreement at any time immediately upon written | 230 | The Qt Company may terminate the Agreement at any time immediately upon |
| 231 | notice by Digia to Licensee if Licensee breaches this Agreement. | 231 | written notice by The Qt Company to Licensee if Licensee breaches this |
| 232 | Agreement. | ||
| 232 | 233 | ||
| 233 | Upon termination of this Agreement, Licensee shall return to Digia all | 234 | Upon termination of this Agreement, Licensee shall return to The Qt Company |
| 234 | copies of Licensed Software that were supplied by Digia. All other | 235 | all copies of Licensed Software that were supplied by The Qt Company. All |
| 235 | copies of Licensed Software in the possession or control of Licensee | 236 | other copies of Licensed Software in the possession or control of Licensee |
| 236 | must be erased or destroyed. An officer of Licensee must promptly | 237 | must be erased or destroyed. An officer of Licensee must promptly |
| 237 | deliver to Digia a written confirmation that this has occurred. | 238 | deliver to The Qt Company a written confirmation that this has occurred. |
| 238 | 239 | ||
| 239 | 10.3 Surviving Sections | 240 | 10.3 Surviving Sections |
| 240 | 241 | ||
| @@ -255,12 +256,12 @@ Agreement ("Non-Disclosure Agreement"), if any, shall be subject to | |||
| 255 | Section 9. No modification of this Agreement shall be effective unless | 256 | Section 9. No modification of this Agreement shall be effective unless |
| 256 | contained in a writing executed by an authorized representative of each | 257 | contained in a writing executed by an authorized representative of each |
| 257 | party. No term or condition contained in Licensee's purchase order shall | 258 | party. No term or condition contained in Licensee's purchase order shall |
| 258 | apply unless expressly accepted by Digia in writing. If any provision of | 259 | apply unless expressly accepted by The Qt Company in writing. If any |
| 259 | the Agreement is found void or unenforceable, the remainder shall remain | 260 | provision of the Agreement is found void or unenforceable, the remainder |
| 260 | valid and enforceable according to its terms. If any remedy provided is | 261 | shall remain valid and enforceable according to its terms. If any remedy |
| 261 | determined to have failed for its essential purpose, all limitations of | 262 | provided is determined to have failed for its essential purpose, all |
| 262 | liability and exclusions of damages set forth in this Agreement shall | 263 | limitations of liability and exclusions of damages set forth in this |
| 263 | remain in effect. | 264 | Agreement shall remain in effect. |
| 264 | 265 | ||
| 265 | 10.5 Export Control | 266 | 10.5 Export Control |
| 266 | 267 | ||
| @@ -301,9 +302,9 @@ infringement, whether or not such action relates to this Agreement. | |||
| 301 | 302 | ||
| 302 | There are no implied licenses or other implied rights granted under this | 303 | There are no implied licenses or other implied rights granted under this |
| 303 | Agreement, and all rights, save for those expressly granted hereunder, | 304 | Agreement, and all rights, save for those expressly granted hereunder, |
| 304 | shall remain with Digia and its licensors. In addition, no licenses or | 305 | shall remain with The Qt Company and its licensors. In addition, no licenses |
| 305 | immunities are granted to the combination of the Licensed Software with | 306 | or immunities are granted to the combination of the Licensed Software with |
| 306 | any other software or hardware not delivered by Digia under this | 307 | any other software or hardware not delivered by The Qt Company under this |
| 307 | Agreement. | 308 | Agreement. |
| 308 | 309 | ||
| 309 | 10.8 Government End Users | 310 | 10.8 Government End Users |
| @@ -329,9 +330,9 @@ TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World | |||
| 329 | Agreement version 2.4 | 330 | Agreement version 2.4 |
| 330 | 331 | ||
| 331 | This Technology Preview License Agreement ("Agreement") is a legal | 332 | This Technology Preview License Agreement ("Agreement") is a legal |
| 332 | agreement between Digia Finland Ltd ("Digia"), with its registered office at | 333 | agreement between The Qt Company Ltd ("The Qt Company"), with its registered |
| 333 | Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a | 334 | office at Valimotie 21,FI-00380 Helsinki, Finland and you (either an |
| 334 | legal entity) ("Licensee") for the Licensed Software. | 335 | individual or a legal entity) ("Licensee") for the Licensed Software. |
| 335 | 336 | ||
| 336 | 1. DEFINITIONS | 337 | 1. DEFINITIONS |
| 337 | 338 | ||
| @@ -349,16 +350,16 @@ Licensed Software which may include portions of the Licensed Software. | |||
| 349 | 350 | ||
| 350 | "Term" shall mean the period of time six (6) months from the later of | 351 | "Term" shall mean the period of time six (6) months from the later of |
| 351 | (a) the Effective Date; or (b) the date the Licensed Software was | 352 | (a) the Effective Date; or (b) the date the Licensed Software was |
| 352 | initially delivered to Licensee by Digia. If no specific Effective Date | 353 | initially delivered to Licensee by The Qt Company. If no specific Effective |
| 353 | is set forth in the Agreement, the Effective Date shall be deemed to be | 354 | Date is set forth in the Agreement, the Effective Date shall be deemed to be |
| 354 | the date the Licensed Software was initially delivered to Licensee. | 355 | the date the Licensed Software was initially delivered to Licensee. |
| 355 | 356 | ||
| 356 | "Licensed Software" shall mean the computer software, "online" or | 357 | "Licensed Software" shall mean the computer software, "online" or |
| 357 | electronic documentation, associated media and printed materials, | 358 | electronic documentation, associated media and printed materials, |
| 358 | including the source code, example programs and the documentation | 359 | including the source code, example programs and the documentation |
| 359 | delivered by Digia to Licensee in conjunction with this Agreement. | 360 | delivered by The Qt Company to Licensee in conjunction with this Agreement. |
| 360 | 361 | ||
| 361 | "Party" or "Parties" shall mean Licensee and/or Digia. | 362 | "Party" or "Parties" shall mean Licensee and/or The Qt Company. |
| 362 | 363 | ||
| 363 | 364 | ||
| 364 | 2. OWNERSHIP | 365 | 2. OWNERSHIP |
| @@ -368,18 +369,18 @@ copyright treaties, as well as other intellectual property laws and | |||
| 368 | treaties. The Licensed Software is licensed, not sold. | 369 | treaties. The Licensed Software is licensed, not sold. |
| 369 | 370 | ||
| 370 | If Licensee provides any findings, proposals, suggestions or other | 371 | If Licensee provides any findings, proposals, suggestions or other |
| 371 | feedback ("Feedback") to Digia regarding the Licensed Software, Digia | 372 | feedback ("Feedback") to The Qt Company regarding the Licensed Software, |
| 372 | shall own all right, title and interest including the intellectual | 373 | The Qt Companyshall own all right, title and interest including the |
| 373 | property rights in and to such Feedback, excluding however any existing | 374 | intellectual property rights in and to such Feedback, excluding however any |
| 374 | patent rights of Licensee. To the extent Licensee owns or controls any | 375 | existing patent rights of Licensee. To the extent Licensee owns or controls |
| 375 | patents for such Feedback Licensee hereby grants to Digia and its | 376 | any patents for such Feedback Licensee hereby grants to The Qt Company and |
| 376 | Affiliates, a worldwide, perpetual, non-transferable, sublicensable, | 377 | its Affiliates, a worldwide, perpetual, non-transferable, sublicensable, |
| 377 | royalty-free license to (i) use, copy and modify Feedback and to create | 378 | royalty-free license to (i) use, copy and modify Feedback and to create |
| 378 | derivative works thereof, (ii) to make (and have made), use, import, | 379 | derivative works thereof, (ii) to make (and have made), use, import, |
| 379 | sell, offer for sale, lease, dispose, offer for disposal or otherwise | 380 | sell, offer for sale, lease, dispose, offer for disposal or otherwise |
| 380 | exploit any products or services of Digia containing Feedback, and | 381 | exploit any products or services of The Qt Company containing Feedback, and |
| 381 | (iii) sublicense all the foregoing rights to third party licensees and | 382 | (iii) sublicense all the foregoing rights to third party licensees and |
| 382 | customers of Digia and/or its Affiliates. | 383 | customers of The Qt Company and/or its Affiliates. |
| 383 | 384 | ||
| 384 | 3. VALIDITY OF THE AGREEMENT | 385 | 3. VALIDITY OF THE AGREEMENT |
| 385 | 386 | ||
| @@ -387,17 +388,17 @@ By installing, copying, or otherwise using the Licensed Software, | |||
| 387 | Licensee agrees to be bound by the terms of this Agreement. If Licensee | 388 | Licensee agrees to be bound by the terms of this Agreement. If Licensee |
| 388 | does not agree to the terms of this Agreement, Licensee may not install, | 389 | does not agree to the terms of this Agreement, Licensee may not install, |
| 389 | copy, or otherwise use the Licensed Software. Upon Licensee's acceptance | 390 | copy, or otherwise use the Licensed Software. Upon Licensee's acceptance |
| 390 | of the terms and conditions of this Agreement, Digia grants Licensee the | 391 | of the terms and conditions of this Agreement, The Qt Company grants Licensee |
| 391 | right to use the Licensed Software in the manner provided below. | 392 | the right to use the Licensed Software in the manner provided below. |
| 392 | 393 | ||
| 393 | 394 | ||
| 394 | 4. LICENSES | 395 | 4. LICENSES |
| 395 | 396 | ||
| 396 | 4.1. Using and Copying | 397 | 4.1. Using and Copying |
| 397 | 398 | ||
| 398 | Digia grants to Licensee a non-exclusive, non-transferable, time-limited | 399 | The Qt Company grants to Licensee a non-exclusive, non-transferable, |
| 399 | license to use and copy the Licensed Software for sole purpose of | 400 | time-limited license to use and copy the Licensed Software for sole purpose |
| 400 | designing, developing and testing Applications, and evaluating and the | 401 | of designing, developing and testing Applications, and evaluating and the |
| 401 | Licensed Software during the Term. | 402 | Licensed Software during the Term. |
| 402 | 403 | ||
| 403 | Licensee may install copies of the Licensed Software on an unlimited | 404 | Licensee may install copies of the Licensed Software on an unlimited |
| @@ -405,7 +406,7 @@ number of computers provided that (a) if an individual, only such | |||
| 405 | individual; or (b) if a legal entity only its employees; use the | 406 | individual; or (b) if a legal entity only its employees; use the |
| 406 | Licensed Software for the authorized purposes. | 407 | Licensed Software for the authorized purposes. |
| 407 | 408 | ||
| 408 | 4.2 No Distribution or Modifications | 409 | 4.2 No Distribution or Modifications |
| 409 | 410 | ||
| 410 | Licensee may not disclose, modify, sell, market, commercialise, | 411 | Licensee may not disclose, modify, sell, market, commercialise, |
| 411 | distribute, loan, rent, lease, or license the Licensed Software or any | 412 | distribute, loan, rent, lease, or license the Licensed Software or any |
| @@ -417,9 +418,9 @@ software statically or dynamically linked with the Licensed Software. | |||
| 417 | 418 | ||
| 418 | 4.3 No Technical Support | 419 | 4.3 No Technical Support |
| 419 | 420 | ||
| 420 | Digia has no obligation to furnish Licensee with any technical support | 421 | The Qt Company has no obligation to furnish Licensee with any technical |
| 421 | whatsoever. Any such support is subject to separate agreement between | 422 | support whatsoever. Any such support is subject to separate agreement |
| 422 | the Parties. | 423 | between the Parties. |
| 423 | 424 | ||
| 424 | 425 | ||
| 425 | 5. PRE-RELEASE CODE | 426 | 5. PRE-RELEASE CODE |
| @@ -428,7 +429,7 @@ The Licensed Software contains pre-release code that is not at the level | |||
| 428 | of performance and compatibility of a final, generally available, | 429 | of performance and compatibility of a final, generally available, |
| 429 | product offering. The Licensed Software may not operate correctly and | 430 | product offering. The Licensed Software may not operate correctly and |
| 430 | may be substantially modified prior to the first commercial product | 431 | may be substantially modified prior to the first commercial product |
| 431 | release, if any. Digia is not obligated to make this or any later | 432 | release, if any. The Qt Company is not obligated to make this or any later |
| 432 | version of the Licensed Software commercially available. The License | 433 | version of the Licensed Software commercially available. The License |
| 433 | Software is "Not for Commercial Use" and may only be used for the | 434 | Software is "Not for Commercial Use" and may only be used for the |
| 434 | purposes described in Section 4. The Licensed Software may not be used | 435 | purposes described in Section 4. The Licensed Software may not be used |
| @@ -457,8 +458,8 @@ appropriate licensing from such third parties. | |||
| 457 | 7. LIMITED WARRANTY AND WARRANTY DISCLAIMER | 458 | 7. LIMITED WARRANTY AND WARRANTY DISCLAIMER |
| 458 | 459 | ||
| 459 | The Licensed Software is licensed to Licensee "as is". To the maximum | 460 | The Licensed Software is licensed to Licensee "as is". To the maximum |
| 460 | extent permitted by applicable law, Digia on behalf of itself and its | 461 | extent permitted by applicable law, The Qt Company on behalf of itself and |
| 461 | suppliers, disclaims all warranties and conditions, either express or | 462 | its suppliers, disclaims all warranties and conditions, either express or |
| 462 | implied, including, but not limited to, implied warranties of | 463 | implied, including, but not limited to, implied warranties of |
| 463 | merchantability, fitness for a particular purpose, title and | 464 | merchantability, fitness for a particular purpose, title and |
| 464 | non-infringement with regard to the Licensed Software. | 465 | non-infringement with regard to the Licensed Software. |
| @@ -466,24 +467,24 @@ non-infringement with regard to the Licensed Software. | |||
| 466 | 467 | ||
| 467 | 8. LIMITATION OF LIABILITY | 468 | 8. LIMITATION OF LIABILITY |
| 468 | 469 | ||
| 469 | If, Digia's warranty disclaimer notwithstanding, Digia is held liable to | 470 | If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is |
| 470 | Licensee, whether in contract, tort or any other legal theory, based on | 471 | held liable to Licensee, whether in contract, tort or any other legal theory, |
| 471 | the Licensed Software, Digia's entire liability to Licensee and | 472 | based on the Licensed Software, The Qt Company's entire liability to Licensee |
| 472 | Licensee's exclusive remedy shall be, at Digia's option, either (A) | 473 | and Licensee's exclusive remedy shall be, at The Qt Company's option, either |
| 473 | return of the price Licensee paid for the Licensed Software, or (B) | 474 | (A) return of the price Licensee paid for the Licensed Software, or (B) |
| 474 | repair or replacement of the Licensed Software, provided Licensee | 475 | repair or replacement of the Licensed Software, provided Licensee |
| 475 | returns to Digia all copies of the Licensed Software as originally | 476 | returns to The Qt Company all copies of the Licensed Software as originally |
| 476 | delivered to Licensee. Digia shall not under any circumstances be liable | 477 | delivered to Licensee. The Qt Company shall not under any circumstances be |
| 477 | to Licensee based on failure of the Licensed Software if the failure | 478 | liable to Licensee based on failure of the Licensed Software if the failure |
| 478 | resulted from accident, abuse or misapplication, nor shall Digia under | 479 | resulted from accident, abuse or misapplication, nor shall The Qt Company |
| 479 | any circumstances be liable for special damages, punitive or exemplary | 480 | under any circumstances be liable for special damages, punitive or exemplary |
| 480 | damages, damages for loss of profits or interruption of business or for | 481 | damages, damages for loss of profits or interruption of business or for |
| 481 | loss or corruption of data. Any award of damages from Digia to Licensee | 482 | loss or corruption of data. Any award of damages from The Qt Company to |
| 482 | shall not exceed the total amount Licensee has paid to Digia in | 483 | Licensee shall not exceed the total amount Licensee has paid to |
| 483 | connection with this Agreement. | 484 | The Qt Company in connection with this Agreement. |
| 484 | 485 | ||
| 485 | 486 | ||
| 486 | 9. CONFIDENTIALITY | 487 | 9. CONFIDENTIALITY |
| 487 | 488 | ||
| 488 | Each party acknowledges that during the Term of this Agreement it shall | 489 | Each party acknowledges that during the Term of this Agreement it shall |
| 489 | have access to information about the other party's business, business | 490 | have access to information about the other party's business, business |
| @@ -526,29 +527,30 @@ by all legally available means. | |||
| 526 | The obligations of the Receiving Party under this Section shall continue | 527 | The obligations of the Receiving Party under this Section shall continue |
| 527 | during the Initial Term and for a period of five (5) years after | 528 | during the Initial Term and for a period of five (5) years after |
| 528 | expiration or termination of this Agreement. To the extent that the | 529 | expiration or termination of this Agreement. To the extent that the |
| 529 | terms of the Non-Disclosure Agreement between Digia and Licensee | 530 | terms of the Non-Disclosure Agreement between The Qt Company and Licensee |
| 530 | conflict with the terms of this Section 9, this Section 9 shall be | 531 | conflict with the terms of this Section 9, this Section 9 shall be |
| 531 | controlling over the terms of the Non-Disclosure Agreement. | 532 | controlling over the terms of the Non-Disclosure Agreement. |
| 532 | 533 | ||
| 533 | 534 | ||
| 534 | 10. GENERAL PROVISIONS | 535 | 10. GENERAL PROVISIONS |
| 535 | 536 | ||
| 536 | 10.1 No Assignment | 537 | 10.1 No Assignment |
| 537 | 538 | ||
| 538 | Licensee shall not be entitled to assign or transfer all or any of its | 539 | Licensee shall not be entitled to assign or transfer all or any of its |
| 539 | rights, benefits and obligations under this Agreement without the prior | 540 | rights, benefits and obligations under this Agreement without the prior |
| 540 | written consent of Digia, which shall not be unreasonably withheld. | 541 | written consent of The Qt Company, which shall not be unreasonably withheld. |
| 541 | 542 | ||
| 542 | 10.2 Termination | 543 | 10.2 Termination |
| 543 | 544 | ||
| 544 | Digia may terminate the Agreement at any time immediately upon written | 545 | The Qt Company may terminate the Agreement at any time immediately upon |
| 545 | notice by Digia to Licensee if Licensee breaches this Agreement. | 546 | written notice by The Qt Company to Licensee if Licensee breaches this |
| 547 | Agreement. | ||
| 546 | 548 | ||
| 547 | Upon termination of this Agreement, Licensee shall return to Digia all | 549 | Upon termination of this Agreement, Licensee shall return to The Qt Company |
| 548 | copies of Licensed Software that were supplied by Digia. All other | 550 | all copies of Licensed Software that were supplied by The Qt Company. All |
| 549 | copies of Licensed Software in the possession or control of Licensee | 551 | other copies of Licensed Software in the possession or control of Licensee |
| 550 | must be erased or destroyed. An officer of Licensee must promptly | 552 | must be erased or destroyed. An officer of Licensee must promptly |
| 551 | deliver to Digia a written confirmation that this has occurred. | 553 | deliver to The Qt Company a written confirmation that this has occurred. |
| 552 | 554 | ||
| 553 | 10.3 Surviving Sections | 555 | 10.3 Surviving Sections |
| 554 | 556 | ||
| @@ -556,7 +558,7 @@ Any terms and conditions that by their nature or otherwise reasonably | |||
| 556 | should survive a cancellation or termination of this Agreement shall | 558 | should survive a cancellation or termination of this Agreement shall |
| 557 | also be deemed to survive. Such terms and conditions include, but are | 559 | also be deemed to survive. Such terms and conditions include, but are |
| 558 | not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, | 560 | not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4, |
| 559 | 10.5, 10.6, 10.7, and 10.8 of this Agreement. | 561 | 10.5, 10.6, 10.7, and 10.8 of this Agreement. |
| 560 | 562 | ||
| 561 | 10.4 Entire Agreement | 563 | 10.4 Entire Agreement |
| 562 | 564 | ||
| @@ -569,8 +571,8 @@ Agreement ("Non-Disclosure Agreement"), if any, shall be subject to | |||
| 569 | Section 9. No modification of this Agreement shall be effective unless | 571 | Section 9. No modification of this Agreement shall be effective unless |
| 570 | contained in a writing executed by an authorized representative of each | 572 | contained in a writing executed by an authorized representative of each |
| 571 | party. No term or condition contained in Licensee's purchase order shall | 573 | party. No term or condition contained in Licensee's purchase order shall |
| 572 | apply unless expressly accepted by Digia in writing. If any provision of | 574 | apply unless expressly accepted by The Qt Company in writing. If any provision |
| 573 | the Agreement is found void or unenforceable, the remainder shall remain | 575 | of the Agreement is found void or unenforceable, the remainder shall remain |
| 574 | valid and enforceable according to its terms. If any remedy provided is | 576 | valid and enforceable according to its terms. If any remedy provided is |
| 575 | determined to have failed for its essential purpose, all limitations of | 577 | determined to have failed for its essential purpose, all limitations of |
| 576 | liability and exclusions of damages set forth in this Agreement shall | 578 | liability and exclusions of damages set forth in this Agreement shall |
| @@ -603,9 +605,9 @@ process shall be conducted in the English language. | |||
| 603 | 605 | ||
| 604 | There are no implied licenses or other implied rights granted under this | 606 | There are no implied licenses or other implied rights granted under this |
| 605 | Agreement, and all rights, save for those expressly granted hereunder, | 607 | Agreement, and all rights, save for those expressly granted hereunder, |
| 606 | shall remain with Digia and its licensors. In addition, no licenses or | 608 | shall remain with The Qt Company and its licensors. In addition, no licenses |
| 607 | immunities are granted to the combination of the Licensed Software with | 609 | or immunities are granted to the combination of the Licensed Software with |
| 608 | any other software or hardware not delivered by Digia under this | 610 | any other software or hardware not delivered by The Qt Company under this |
| 609 | Agreement. | 611 | Agreement. |
| 610 | 612 | ||
| 611 | 10.8 Government End Users | 613 | 10.8 Government End Users |
