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| -rw-r--r-- | .LICENSE-ALLOS-US | 594 | ||||
| -rw-r--r-- | .LICENSE-DESKTOP | 526 | ||||
| -rw-r--r-- | .LICENSE-DESKTOP-US | 556 | ||||
| -rw-r--r-- | .LICENSE-EMBEDDED | 506 | ||||
| -rw-r--r-- | .LICENSE-EMBEDDED-US | 533 | ||||
| -rw-r--r-- | .LICENSE-EVALUATION | 287 | ||||
| -rw-r--r-- | .LICENSE-EVALUATION-US | 300 | ||||
| -rw-r--r-- | LICENSE.LGPL | 10 | ||||
| -rw-r--r-- | LICENSE.PREVIEW.COMMERCIAL | 642 |
10 files changed, 3869 insertions, 652 deletions
diff --git a/.LICENSE-ALLOS b/.LICENSE-ALLOS new file mode 100644 index 0000000..45ebb93 --- /dev/null +++ b/.LICENSE-ALLOS @@ -0,0 +1,567 @@ +Qt All Operating Systems Commercial Developer License Agreement +Agreement version 1.1 + + +This Qt All Operating Systems Commercial Developer License Agreement +("Agreement") is a legal agreement between Nokia Corporation ("Nokia") +with its registered office at Keilalahdentie 4, 02150 Espoo, Finland, +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. + +"Deployment Platforms" shall mean the Embedded Linux, Windows(R) CE +and Windows Mobile operating system(s). + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee's consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Platforms and Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Platforms" shall mean the operating system(s) listed in the License +Certificate. + +"Redistributables" shall mean the portions of the Licensed Software +set forth in Appendix 1, Section 1 that may be distributed with or as +part of Applications in object code form. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancements, new features, bug fixes, error corrections +and other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + + +3. MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate accompanying the Licensed Software. The +terms of the License Certificate are considered part of the +Agreement. In the event of inconsistency or conflict between the +language of this Agreement and the License Certificate, the provisions +of this Agreement shall govern. + +4. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee +should not install, copy, or otherwise use the Licensed Software. In +addition, by installing, copying, or otherwise using any Updates or +other components of the Licensed Software that Licensee receives +separately as part of the Licensed Software, Licensee agrees to be +bound by any additional license terms that accompany such Updates, if +any. If Licensee does not agree to the additional license terms that +accompany such Updates, Licensee should not install, copy, or +otherwise use such Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + + +5. LICENSES + +5.1 Using, Modifying and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for Designated +Users specified in the License Certificate for the sole purposes of: + +(i) designing, developing, and testing Application(s); + +(ii) modifying the Licensed Software as limited by section 8 below; and + +(iii) compiling the Licensed Software and/or Modified Software source + code into object code. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2 Limited Redistribution + +a) Nokia grants Licensee a non-exclusive, royalty-free right to + reproduce and distribute the object code form of Redistributables + (listed in Appendix 1, Section 1) for execution on the specified + Platforms, excluding the Deployment Platforms. Copies of + Redistributables may only be distributed with and for the sole + purpose of executing Applications permitted under this Agreement + that Licensee has created using the Licensed Software. Under no + circumstances may any copies of Redistributables be distributed + separately. This Agreement does not give Licensee any rights to + distribute any of the parts of the Licensed Software listed in + Appendix 1, Section 2, neither as a whole nor as parts or snippets + of code. + +b) Licensee may not distribute, transfer, assign or otherwise dispose + of Applications and/or Redistributables, in binary/compiled form, + or in any other form, if such action is part of a joint software + and hardware distribution, except as provided by a separate runtime + distribution license with Nokia or one of its authorized + distributors. A joint hardware and software distribution shall be + defined as either: + + (i) distribution of a hardware device where, in its final end user + configuration, the main user interface of the device is + provided by Application(s) created by Licensee or others, using + a commercial version of a Qt or Qt-based product, and depends + on the Licensed Software or an open source version of any Qt or + Qt-based software product; or + + (ii) distribution of the Licensed Software with a device designed + to facilitate the installation of the Licensed Software onto + the same device where the main user interface of such device + is provided by Application(s) created by Licensee or others, + using a commercial version of a Qt or Qt-based product, and + depends on the Licensed Software. + +c) Licensee's distribution of Licensed Software and/or Modified + Software or Applications on Deployment Platforms requires a + separate distribution license from Nokia. Notwithstanding the + above limitation, Licensee may distribute the Application in + binary/compiled form onto devices running Windows CE/Windows + Mobile, provided the core functionality of the device does not + depend on either the Licensed Software or the Application. + +5.3 Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + + +6. VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia will not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + + +7. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (i) that +some part of Third Party Software may require additional licensing of +copyright and patents from the owners of such, and (ii) that +distribution of any of the Licensed Software referencing any portion +of a Third Party Software may require appropriate licensing from such +third parties. + + +8. CONDITIONS FOR CREATING APPLICATIONS + +The licenses granted in this Agreement for Licensee to create, modify +and distribute Applications is subject to all of the following +conditions: (i) all copies of the Applications Licensee creates must +bear a valid copyright notice either Licensee's own or the copyright +notice that appears on the Licensed Software; (ii) Licensee may not +remove or alter any copyright, trademark or other proprietary rights +notice contained in any portion of the Licensed Software including but +not limited to the About Boxes; (iii) Licensee will indemnify and hold +Nokia, its Affiliates, contractors, and its suppliers, harmless from +and against any claims or liabilities arising out of the use, +reproduction or distribution of Applications; (iv) Applications must +be developed using a licensed, registered copy of the Licensed +Software; (v) Applications must add primary and substantial +functionality to the Licensed Software; (vi) Applications may not pass +on functionality which in any way makes it possible for others to +create software with the Licensed Software; however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (vii) Licensee may create Modified Software that +breaks the source or binary compatibility with the Licensed +Software. This includes, but is not limited to, changing the +application programming interfaces ("API") by adding, changing or +deleting any variable, method, or class signature in the Licensed +Software, the inter-process QCop specification, and/or any +inter-process protocols, services or standards in the Licensed +Software libraries. To the extent that Licensee breaks source or +binary compatibility with the Licensed Software, Licensee acknowledges +that Nokia's ability to provide Support may be prevented or limited +and Licensee's ability to make use of Updates may be restricted; +(viii) Applications may not compete with the Licensed Software; (ix) +Licensee may not use Nokia's or any of its suppliers' names, logos, or +trademarks to market Applications, except to state that Licensee's +Application(s) was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set +forth above, the Licensed Software is licensed to Licensee "as is". +To the maximum extent permitted by applicable law, Nokia 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 and fitness for a particular purpose, +title and non-infringement with regard to the Licensed Software. + + +10. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held to be +liable to Licensee whether in contract, tort, or any other legal +theory, based on the Licensed Software, Nokia's entire liability to +Licensee and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software +as originally delivered to Licensee. Nokia 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 Nokia, 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 Nokia to Licensee shall not exceed the +total amount Licensee has paid to Nokia in connection with this +Agreement. + + +11. SUPPORT AND UPDATES + +Licensee will be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + + +12. CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +13. GENERAL PROVISIONS + +13.1 Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2 No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3 Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of the Licenses, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections 2, 5.1, 6, 7, 8(iii), 10, 12, +13.5, 13.6, 13.9, 13.10, and 13.11 shall survive the termination of +the Agreement. Notwithstanding the foregoing, Section 5.1 shall not +survive if the Agreement is terminated for material breach. + +13.5 Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + +13.6 Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7 Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + +13.8 Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia Norge AS +Sandakerveien 116 +NO-0484 Oslo, Norway +Fax: +47 21 69 48 02 + +13.9 Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10 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. + + +13.11 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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. + + + + +Appendix 1 + + +1. Parts of the Licensed Software that are permitted for distribution ("Redistributables"): + +- The Licensed Software's main and plug-in libraries in object code form +- The Licensed Software's configuration tool ("qtconfig") +- The Licensed Software's help tool in object code/executable form ("Qt Assistant") +- The Licensed Software's internationalization tools in object code/executable form ("Qt Linguist", "lupdate", "lrelease") +- The Licensed Software's designer tool ("Qt Designer") +- The Licensed Software's IDE tool ("Qt Creator") + + +2. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to: + +- The Licensed Software's source code and header files +- The Licensed Software's documentation +- The Licensed Software's tool for writing makefiles ("qmake") +- The Licensed Software's Meta Object Compiler ("moc") +- The Licensed Software's User Interface Compiler ("uic" or in the case of Qt Jambi: "juic") +- The Licensed Software's Resource Compiler ("rcc") +- The Licensed Software's generator (only in the case of Qt Jambi if applicable) +- The Licensed Software's Qt SDK + + + diff --git a/.LICENSE-ALLOS-US b/.LICENSE-ALLOS-US new file mode 100644 index 0000000..673ded0 --- /dev/null +++ b/.LICENSE-ALLOS-US @@ -0,0 +1,594 @@ +Qt All Operating Systems Commercial Developer License Agreement +Agreement version 1.1 + + +This Qt All Operating Systems Commercial Developer License Agreement +("Agreement") is a legal agreement between Nokia, Inc. ("Nokia") with +its registered office at 102 Corporate Park Drive, White Plains, NY +10604, 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. + +"Deployment Platforms" shall mean the Embedded Linux, Windows(R) CE +and Windows Mobile operating system(s). + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee's consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Platforms and Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Platforms" shall mean the operating system(s) listed in the License +Certificate. + +"Redistributables" shall mean the portions of the Licensed Software +set forth in Appendix 1, Section 1 that may be distributed with or as +part of Applications in object code form. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancements, new features, bug fixes, error corrections +and other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + + +3. MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate accompanying the Licensed Software. The +terms of the License Certificate are considered part of the +Agreement. In the event of inconsistency or conflict between the +language of this Agreement and the License Certificate, the provisions +of this Agreement shall govern. + + +4. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee +should not install, copy, or otherwise use the Licensed Software. In +addition, by installing, copying, or otherwise using any Updates or +other components of the Licensed Software that Licensee receives +separately as part of the Licensed Software, Licensee agrees to be +bound by any additional license terms that accompany such Updates, if +any. If Licensee does not agree to the additional license terms that +accompany such Updates, Licensee should not install, copy, or +otherwise use such Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + + +5. LICENSES + +5.1 Using, Modifying and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for Designated +Users specified in the License Certificate for the sole purposes of: + +(i) designing, developing, and testing Application(s); + +(ii) modifying the Licensed Software as limited by section 8 below; and + +(iii) compiling the Licensed Software and/or Modified Software source + code into object code. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2 Limited Redistribution + +a) Nokia grants Licensee a non-exclusive, royalty-free right to + reproduce and distribute the object code form of Redistributables + (listed in Appendix 1, Section 1) for execution on the specified + Platforms, excluding the Deployment Platforms. Copies of + Redistributables may only be distributed with and for the sole + purpose of executing Applications permitted under this Agreement + that Licensee has created using the Licensed Software. Under no + circumstances may any copies of Redistributables be distributed + separately. This Agreement does not give Licensee any rights to + distribute any of the parts of the Licensed Software listed in + Appendix 1, Section 2, neither as a whole nor as parts or snippets + of code. + +b) Licensee may not distribute, transfer, assign or otherwise dispose + of Applications and/or Redistributables, in binary/compiled form, + or in any other form, if such action is part of a joint software + and hardware distribution, except as provided by a separate runtime + distribution license with Nokia or one of its authorized + distributors. A joint hardware and software distribution shall be + defined as either: + + (i) distribution of a hardware device where, in its final end user + configuration, the main user interface of the device is + provided by Application(s) created by Licensee or others, using + a commercial version of a Qt or Qt-based product, and depends + on the Licensed Software or an open source version of any Qt or + Qt-based software product; or + + (ii) distribution of the Licensed Software with a device designed + to facilitate the installation of the Licensed Software onto + the same device where the main user interface of such device + is provided by Application(s) created by Licensee or others, + using a commercial version of a Qt or Qt-based product, and + depends on the Licensed Software. + +c) Licensee's distribution of Licensed Software and/or Modified + Software or Applications on Deployment Platforms requires a + separate distribution license from Nokia. Notwithstanding the + above limitation, Licensee may distribute the Application in + binary/compiled form onto devices running Windows CE/Windows + Mobile, provided the core functionality of the device does not + depend on either the Licensed Software or the Application. + +5.3 Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + + +6. VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia will not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + + +7. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (i) that +some part of Third Party Software may require additional licensing of +copyright and patents from the owners of such, and (ii) that +distribution of any of the Licensed Software referencing any portion +of a Third Party Software may require appropriate licensing from such +third parties. + + +8. CONDITIONS FOR CREATING APPLICATIONS + +The licenses granted in this Agreement for Licensee to create, modify +and distribute Applications is subject to all of the following +conditions: (i) all copies of the Applications Licensee creates must +bear a valid copyright notice either Licensee's own or the copyright +notice that appears on the Licensed Software; (ii) Licensee may not +remove or alter any copyright, trademark or other proprietary rights +notice contained in any portion of the Licensed Software including but +not limited to the About Boxes; (iii) Licensee will indemnify and hold +Nokia, its Affiliates, contractors, and its suppliers, harmless from +and against any claims or liabilities arising out of the use, +reproduction or distribution of Applications; (iv) Applications must +be developed using a licensed, registered copy of the Licensed +Software; (v) Applications must add primary and substantial +functionality to the Licensed Software; (vi) Applications may not pass +on functionality which in any way makes it possible for others to +create software with the Licensed Software; however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (vii) Licensee may create Modified Software that +breaks the source or binary compatibility with the Licensed +Software. This includes, but is not limited to, changing the +application programming interfaces ("API") by adding, changing or +deleting any variable, method, or class signature in the Licensed +Software, the inter-process QCop specification, and/or any +inter-process protocols, services or standards in the Licensed +Software libraries. To the extent that Licensee breaks source or +binary compatibility with the Licensed Software, Licensee acknowledges +that Nokia's ability to provide Support may be prevented or limited +and Licensee's ability to make use of Updates may be restricted; +(viii) Applications may not compete with the Licensed Software; (ix) +Licensee may not use Nokia's or any of its suppliers' names, logos, or +trademarks to market Applications, except to state that Licensee's +Application(s) was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set +forth above, the Licensed Software is licensed to Licensee "as is". +To the maximum extent permitted by applicable law, Nokia 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 and fitness for a particular purpose, +title and non-infringement with regard to the Licensed Software. + + +10. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held to be +liable to Licensee whether in contract, tort, or any other legal +theory, based on the Licensed Software, Nokia's entire liability to +Licensee and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software +as originally delivered to Licensee. Nokia 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 Nokia, 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 Nokia to Licensee shall not exceed the +total amount Licensee has paid to Nokia in connection with this +Agreement. + + +11. SUPPORT AND UPDATES + +Licensee will be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + + +12. CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + + + +13. GENERAL PROVISIONS + +13.1 Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2 No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3 Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of the Licenses, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections 2, 5.1, 6, 7, 8(iii), 10, 12, +13.5, 13.6, 13.9, 13.10, and 13.11 shall survive the termination of +the Agreement. Notwithstanding the foregoing, Section 5.1 shall not +survive if the Agreement is terminated for material breach. + +13.5 Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + + +13.6 Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7 Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + +13.8 Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia, Inc. +555 Twin Dolphin Drive, Suite 280 +Redwood City, CA 94065 U.S.A. +Fax: +1-650551-1851 + +13.9 Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10 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 13.10 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. + + +13.11 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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. + +13.11 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. + + + +Appendix 1 + + +1. Parts of the Licensed Software that are permitted for distribution ("Redistributables"): + +- The Licensed Software's main and plug-in libraries in object code form +- The Licensed Software's configuration tool ("qtconfig") +- The Licensed Software's help tool in object code/executable form ("Qt Assistant") +- The Licensed Software's internationalization tools in object code/executable form ("Qt Linguist", "lupdate", "lrelease") +- The Licensed Software's designer tool ("Qt Designer") +- The Licensed Software's IDE tool ("Qt Creator") + + +2. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to: + +- The Licensed Software's source code and header files +- The Licensed Software's documentation +- The Licensed Software's tool for writing makefiles ("qmake") +- The Licensed Software's Meta Object Compiler ("moc") +- The Licensed Software's User Interface Compiler ("uic" or in the case of Qt Jambi: "juic") +- The Licensed Software's Resource Compiler ("rcc") +- The Licensed Software's generator (only in the case of Qt Jambi if applicable) +- The Licensed Software's Qt SDK diff --git a/.LICENSE-DESKTOP b/.LICENSE-DESKTOP new file mode 100644 index 0000000..3efb367 --- /dev/null +++ b/.LICENSE-DESKTOP @@ -0,0 +1,526 @@ +Qt COMMERCIAL LICENSE AGREEMENT +Agreement version 3.7 + + +This Qt Commercial License Agreement ("Agreement") is a legal +agreement between Nokia Corporation ("Nokia"), with its registered +office at Keilalahdentie 4, 02150 Espoo, Finland 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. + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee?s consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Platforms and Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Platforms" shall mean the operating systems listed in the License +Certificate. + +"Redistributables" shall mean the portions of the Licensed Software +set forth in Appendix 1, Section 1 that may be distributed with or as +part of Applications in object code form. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancement, new features, bug fixes, error corrections and +other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + +2.OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + +3.MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate. The terms of the License Certificate are +considered part of the Agreement. In the event of inconsistency or +conflict between the language of this Agreement and the License +Certificate, the provisions of this Agreement shall govern. + +4.VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee may +not install, copy, or otherwise use the Licensed Software. Licensee +may, however, return it to Licensee's place of purchase within +fourteen (14) days of purchase for a full refund. In addition, by +installing, copying, or otherwise using any Updates or other +components of the Licensed Software that Licensee receives separately +as part of the Licensed Software, Licensee agrees to be bound by any +additional license terms that accompany such Updates, if any. If +Licensee does not agree to the additional license terms that accompany +such Updates, Licensee may not install, copy, or otherwise use such +Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + +5.LICENSES + +5.1.Using, modifying and copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for the +Designated User(s) specified in the License Certificate for the sole +purposes of designing, developing, and testing Application(s). + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2.Redistribution + +a) Nokia grants Licensee a non-exclusive, royalty-free right to + reproduce and distribute the object code form of Redistributables + for execution on the specified Platforms. Copies of + Redistributables may only be distributed with and for the sole + purpose of executing Applications permitted under this Agreement + that Licensee has created using the Licensed Software. Under no + circumstances may any copies of Redistributables be distributed + separately. This Agreement does not give Licensee any rights to + distribute any of the parts of the Licensed Software listed in + Appendix 1, Section 2, neither as a whole nor as parts or snippets + of code. + +b) Licensee may not distribute, transfer, assign or otherwise dispose + of Applications and/or Redistributables, in binary/compiled form, + or in any other form, if such action is part of a joint software + and hardware distribution, except as provided by a separate runtime + distribution license with Nokia or one of its authorized + distributors. A joint hardware and software distribution shall be + defined as either: + + (i) distribution of a hardware device where, in its final end user + configuration, the main user interface of the device is + provided by Application(s) created by Licensee or others, using + a commercial version of Qt or a Qt-based product, and depends + on the Licensed Software or an open source version of any Qt or + Qt-based software product; or + + (ii) distribution of the Licensed Software with a device designed + to facilitate the installation of the Licensed Software onto + the same device where the main user interface of such device + is provided by Application(s) created by Licensee or others, + using a commercial version of Qt or a Qt-based product, and + depends on the Licensed Software. + +5.3.Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + +6.VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia shall not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + +7.THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (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. + +8.CONDITIONS FOR CREATING APPLICATIONS AND DISTRIBUTING REDISTRIBUTABLES + +The licenses granted in this Agreement for Licensee to create +Applications and distribute them and the Redistributables (if any) to +Licensee's customers is subject to all of the following conditions: +(i) all copies of the Applications which Licensee creates must bear a +valid copyright notice, either Licensee's own or the copyright notice +that appears on the Licensed Software; (ii) Licensee may not remove or +alter any copyright, trademark or other proprietary rights notice +contained in any portion of the Licensed Software, including but not +limited to the About Boxes in "Qt Assistant" and "Qt Linguist" as +defined in Appendix 1; (iii) Redistributables, if any, shall be +licensed to Licensee's customer "as is"; (iv) Licensee shall indemnify +and hold Nokia, its Affiliates, contractors, and its suppliers, +harmless from and against any claims or liabilities arising out of the +use, reproduction or distribution of Applications; (v) Applications +must be developed using a licensed, registered copy of the Licensed +Software; (vi) Applications must add primary and substantial +functionality to the Licensed Software; (vii) Applications may not +pass on functionality which in any way makes it possible for others to +create software with the Licensed Software, however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (viii) Applications may not compete with the Licensed +Software; (ix) Licensee may not use Nokia's or any of its suppliers' +names, logos, or trademarks to market Application(s), except to state +that Application was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9.LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set forth +above, the Licensed Software is licensed to Licensee "as is". To the +maximum extent permitted by applicable law, Nokia 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. + +10.LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable +to Licensee, whether in contract, tort or any other legal theory, +based on the Licensed Software, Nokia's entire liability to Licensee +and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally +delivered to Licensee. Nokia 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 +Nokia 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 +Nokia to Licensee shall not exceed the total amount Licensee has paid +to Nokia in connection with this Agreement. + +11.SUPPORT AND UPDATES + +Licensee shall be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + +12.CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + +13.GENERAL PROVISIONS + +13.1.Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2.No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3.Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of this Agreement, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4.Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections: 2, 5.1, 6, 7, 8(iv), 10, 12, +13.5, 13.6, 13.9, 13.10 and 13.11 of this Agreement. Notwithstanding +the foregoing, Section 5.1 shall not survive if the Agreement is +terminated for material breach. + +13.5.Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + +13.6.Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7 Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + +13.8.Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia Norge AS +Sandakerveien 116 +NO-0484 Oslo, Norway +Fax: +47 21 69 48 02 + +13.9.Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10.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. + +13.11.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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. + + + + +Appendix 1 + + +1. Parts of the Licensed Software that are permitted for distribution ("Redistributables"): + +- The Licensed Software's main and plug-in libraries in object code form +- The Licensed Software's configuration tool ("qtconfig") +- The Licensed Software's help tool in object code/executable form ("Qt Assistant") +- The Licensed Software's internationalization tools in object code/executable form ("Qt Linguist", "lupdate", "lrelease") +- The Licensed Software's designer tool ("Qt Designer") +- The Licensed Software's IDE tool ("Qt Creator") + + +2. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to: + +- The Licensed Software's source code and header files +- The Licensed Software's documentation +- The Licensed Software's tool for writing makefiles ("qmake") +- The Licensed Software's Meta Object Compiler ("moc") +- The Licensed Software's User Interface Compiler ("uic" or in the case of Qt Jambi: "juic") +- The Licensed Software's Resource Compiler ("rcc") +- The Licensed Software's generator (only in the case of Qt Jambi if applicable) +- The Licensed Software's Qt SDK diff --git a/.LICENSE-DESKTOP-US b/.LICENSE-DESKTOP-US new file mode 100644 index 0000000..660eda7 --- /dev/null +++ b/.LICENSE-DESKTOP-US @@ -0,0 +1,556 @@ +Qt COMMERCIAL LICENSE AGREEMENT +Agreement version 3.7 + +This Qt Commercial License Agreement ("Agreement") is a legal +agreement between Nokia Inc. ("Nokia"), with its registered office at +102 Corporate Park Drive, White Plains, NY 10604 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. + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee?s consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Platforms and Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Platforms" shall mean the operating systems listed in the License +Certificate. + +"Redistributables" shall mean the portions of the Licensed Software +set forth in Appendix 1, Section 1 that may be distributed with or as +part of Applications in object code form. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancement, new features, bug fixes, error corrections and +other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + +3. MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate. The terms of the License Certificate are +considered part of the Agreement. In the event of inconsistency or +conflict between the language of this Agreement and the License +Certificate, the provisions of this Agreement shall govern. + +4. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee may +not install, copy, or otherwise use the Licensed Software. Licensee +may, however, return it to Licensee's place of purchase within +fourteen (14) days of purchase for a full refund. In addition, by +installing, copying, or otherwise using any Updates or other +components of the Licensed Software that Licensee receives separately +as part of the Licensed Software, Licensee agrees to be bound by any +additional license terms that accompany such Updates, if any. If +Licensee does not agree to the additional license terms that accompany +such Updates, Licensee may not install, copy, or otherwise use such +Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + +5. LICENSES + +5.1 Using, modifying and copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for the +Designated User(s) specified in the License Certificate for the sole +purposes of designing, developing, and testing Application(s). + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2 Redistribution + +a) Nokia grants Licensee a non-exclusive, royalty-free right to + reproduce and distribute the object code form of Redistributables + for execution on the specified Platforms. Copies of + Redistributables may only be distributed with and for the sole + purpose of executing Applications permitted under this Agreement + that Licensee has created using the Licensed Software. Under no + circumstances may any copies of Redistributables be distributed + separately. This Agreement does not give Licensee any rights to + distribute any of the parts of the Licensed Software listed in + Appendix 1, Section 2, neither as a whole nor as parts or snippets + of code. + +b) Licensee may not distribute, transfer, assign or otherwise dispose + of Applications and/or Redistributables, in binary/compiled form, + or in any other form, if such action is part of a joint software + and hardware distribution, except as provided by a separate runtime + distribution license with Nokia or one of its authorized + distributors. A joint hardware and software distribution shall be + defined as either: + + (i) distribution of a hardware device where, in its final end user + configuration, the main user interface of the device is + provided by Application(s) created by Licensee or others, using + a commercial version of Qt or a Qt-based product, and depends + on the Licensed Software or an open source version of any Qt or + Qt-based software product; or + + (ii) distribution of the Licensed Software with a device designed + to facilitate the installation of the Licensed Software onto + the same device where the main user interface of such device + is provided by Application(s) created by Licensee or others, + using a commercial version of Qt or a Qt-based product, and + depends on the Licensed Software. + +5.3 Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + +6. VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia shall not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + +7. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (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. + +8. CONDITIONS FOR CREATING APPLICATIONS AND DISTRIBUTING REDISTRIBUTABLES + +The licenses granted in this Agreement for Licensee to create +Applications and distribute them and the Redistributables (if any) to +Licensee's customers is subject to all of the following conditions: +(i) all copies of the Applications which Licensee creates must bear a +valid copyright notice, either Licensee's own or the copyright notice +that appears on the Licensed Software; (ii) Licensee may not remove or +alter any copyright, trademark or other proprietary rights notice +contained in any portion of the Licensed Software, including but not +limited to the About Boxes in "Qt Assistant" and "Qt Linguist" as +defined in Appendix 1; (iii) Redistributables, if any, shall be +licensed to Licensee's customer "as is"; (iv) Licensee shall indemnify +and hold Nokia, its Affiliates, contractors, and its suppliers, +harmless from and against any claims or liabilities arising out of the +use, reproduction or distribution of Applications; (v) Applications +must be developed using a licensed, registered copy of the Licensed +Software; (vi) Applications must add primary and substantial +functionality to the Licensed Software; (vii) Applications may not +pass on functionality which in any way makes it possible for others to +create software with the Licensed Software, however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (viii) Applications may not compete with the Licensed +Software; (ix) Licensee may not use Nokia's or any of its suppliers' +names, logos, or trademarks to market Application(s), except to state +that Application was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set forth +above, the Licensed Software is licensed to Licensee "as is". To the +maximum extent permitted by applicable law, Nokia 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. + +10. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable +to Licensee, whether in contract, tort or any other legal theory, +based on the Licensed Software, Nokia's entire liability to Licensee +and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally +delivered to Licensee. Nokia 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 +Nokia 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 +Nokia to Licensee shall not exceed the total amount Licensee has paid +to Nokia in connection with this Agreement. + +11. SUPPORT AND UPDATES + +Licensee shall be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + +12. CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + +13. GENERAL PROVISIONS + +13.1 Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2 No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3 Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of this Agreement, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4 Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections: 2, 5.1, 6, 7, 8(iv), 10, 12, +13.5, 13.6, 13.9, 13.10 and 13.11 of this Agreement. Notwithstanding +the foregoing, Section 5.1 shall not survive if the Agreement is +terminated for material breach. + +13.5 Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + +13.6 Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7 Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + +13.8 Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia, Inc. +555 Twin Dolphin Drive, Suite 280 +Redwood City, CA 94065 U.S.A. +Fax: +1-650-551-1851 + +13.9 Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10 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 13.10 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. + + +13.11 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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. + +13.12 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. + + + + +Appendix 1 + + +1. Parts of the Licensed Software that are permitted for distribution ("Redistributables"): + +- The Licensed Software's main and plug-in libraries in object code form +- The Licensed Software's configuration tool ("qtconfig") +- The Licensed Software's help tool in object code/executable form ("Qt Assistant") +- The Licensed Software's internationalization tools in object code/executable form ("Qt Linguist", "lupdate", "lrelease") +- The Licensed Software's designer tool ("Qt Designer") +- The Licensed Software's IDE tool ("Qt Creator") + + +2. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to: + +- The Licensed Software's source code and header files +- The Licensed Software's documentation +- The Licensed Software's tool for writing makefiles ("qmake") +- The Licensed Software's Meta Object Compiler ("moc") +- The Licensed Software's User Interface Compiler ("uic" or in the case of Qt Jambi: "juic") +- The Licensed Software's Resource Compiler ("rcc") +- The Licensed Software's generator (only in the case of Qt Jambi if applicable) +- The Licensed Software's Qt SDK + + diff --git a/.LICENSE-EMBEDDED b/.LICENSE-EMBEDDED new file mode 100644 index 0000000..607e3f2 --- /dev/null +++ b/.LICENSE-EMBEDDED @@ -0,0 +1,506 @@ +Qt Embedded Commercial Developer License Agreement +Agreement version 1.2 + + +This Qt Embedded Commercial License Agreement ("Agreement") is a legal +agreement between Nokia Corporation ("Nokia"), with its registered +office at Keilalahdentie 4, 02150 Espoo, Finland 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. + +"Deployment Platforms" shall mean the operating system(s) listed in +the License Certificate onto which Licensee is authorized to deploy +Applications. + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee's consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Development Platforms" shall mean the operating system(s) listed in +the License Certificate on which Licensee may use, develop and modify +the Licensed Software. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Development Platforms, Deployment Platforms and +Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancements, new features, bug fixes, error corrections +and other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + + +3. MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate accompanying the Licensed Software. The +terms of the License Certificate are considered part of the +Agreement. In the event of inconsistency or conflict between the +language of this Agreement and the License Certificate, the provisions +of this Agreement shall govern. + + +4. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee +should not install, copy, or otherwise use the Licensed Software. In +addition, by installing, copying, or otherwise using any Updates or +other components of the Licensed Software that Licensee receives +separately as part of the Licensed Software, Licensee agrees to be +bound by any additional license terms that accompany such Updates, if +any. If Licensee does not agree to the additional license terms that +accompany such Updates, Licensee should not install, copy, or +otherwise use such Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + + +5. LICENSES + +5.1 Using, Modifying and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for Designated +Users specified in the License Certificate for the sole purposes of: + +(i) designing, developing, and testing Application(s); + +(ii) modifying the Licensed Software as limited by Section 8 below; and + +(iii) compiling the Licensed Software and/or Modified Software source + code into object code. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2 No Distribution and Limited Exception + +Licensee may not distribute, transfer, assign or otherwise dispose of +the Licensed Software and/or Modified Software, except as provided by +a separate distribution agreement with Nokia for the Deployment +Platforms that Licensee has licensed from Nokia. Distribution on +Platforms, other than Deployment Platforms is strictly prohibited. + +Notwithstanding the above limitation, Licensee may distribute the +Application in binary/compiled form onto devices running Windows +CE/Windows Mobile, provided the core functionality of the device does +not depend on either the Licensed Software or the Application. + +5.3 Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + + +6. VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia will not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + + +7. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (i) that +some part of Third Party Software may require additional licensing of +copyright and patents from the owners of such, and (ii) that +distribution of any of the Licensed Software referencing any portion +of a Third Party Software may require appropriate licensing from such +third parties. + + +8. CONDITIONS FOR CREATING APPLICATIONS + +The licenses granted in this Agreement for Licensee to create, modify +and distribute Applications is subject to all of the following +conditions: (i) all copies of the Applications Licensee creates must +bear a valid copyright notice either Licensee's own or the copyright +notice that appears on the Licensed Software; (ii) Licensee may not +remove or alter any copyright, trademark or other proprietary rights +notice contained in any portion of the Licensed Software including but +not limited to the About Boxes; (iii) Licensee will indemnify and hold +Nokia, its Affiliates, contractors, and its suppliers, harmless from +and against any claims or liabilities arising out of the use, +reproduction or distribution of Applications; (iv) Applications must +be developed using a licensed, registered copy of the Licensed +Software; (v) Applications must add primary and substantial +functionality to the Licensed Software; (vi) Applications may not pass +on functionality which in any way makes it possible for others to +create software with the Licensed Software; however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (vii) Licensee may create Modified Software that +breaks the source or binary compatibility with the Licensed +Software. This includes, but is not limited to, changing the +application programming interfaces ("API") by adding, changing or +deleting any variable, method, or class signature in the Licensed +Software, the inter-process QCop specification, and/or any +inter-process protocols, services or standards in the Licensed +Software libraries. To the extent that Licensee breaks source or +binary compatibility with the Licensed Software, Licensee acknowledges +that Nokia's ability to provide Support may be prevented or limited +and Licensee's ability to make use of Updates may be restricted; +(viii) Applications may not compete with the Licensed Software; (ix) +Licensee may not use Nokia's or any of its suppliers' names, logos, or +trademarks to market Applications, except to state that Licensee's +Application was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set +forth above, the Licensed Software is licensed to Licensee "as is". +To the maximum extent permitted by applicable law, Nokia 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 and fitness for a particular purpose, +title and non-infringement with regard to the Licensed Software. + + +10. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held to be +liable to Licensee whether in contract, tort, or any other legal +theory, based on the Licensed Software, Nokia's entire liability to +Licensee and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software +as originally delivered to Licensee. Nokia 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 Nokia, 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 Nokia to Licensee shall not exceed the +total amount Licensee has paid to Nokia in connection with this +Agreement. + + +11. SUPPORT AND UPDATES + +Licensee will be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + + +12. CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +13. GENERAL PROVISIONS + +13.1. Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2. No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3. Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of the Licenses, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4. Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections 2, 5.1, 6, 7, 8(iii), 10, 12, +13.5, 13.6, 13.9, 13.10, and 13.11 shall survive the termination of +the Agreement. Notwithstanding the foregoing, Sections 5.1 shall not +survive if the Agreement is terminated for material breach. + +13.5. Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + +13.6. Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7. Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + + +13.8. Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia Norge AS +Sandakerveien 116 +NO-0484 Oslo, Norway +Fax: +47 21 69 48 02 + +13.9. Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10. 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. + +13.11 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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. diff --git a/.LICENSE-EMBEDDED-US b/.LICENSE-EMBEDDED-US new file mode 100644 index 0000000..55c9f01 --- /dev/null +++ b/.LICENSE-EMBEDDED-US @@ -0,0 +1,533 @@ +Qt Embedded Commercial Developer License Agreement +Agreement version 1.2 + + +This Qt Embedded Commercial Developer License Agreement ("Agreement") +is a legal agreement between Nokia, Inc. ("Nokia") with a registered +business address at 102 Corporate Park Drive, White Plains, NY 10604, +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. + +"Deployment Platforms" shall mean the operating system(s) listed in +the License Certificate onto which Licensee is authorized to deploy +Applications. + +"Designated User(s)" shall mean the employee(s) of Licensee acting +within the scope of their employment or Licensee's consultant(s) or +contractor(s) acting within the scope of their services for Licensee +and on behalf of Licensee. + +"Development Platforms" shall mean the operating system(s) listed in +the License Certificate on which Licensee may use, develop and modify +the Licensed Software. + +"Initial Term" shall mean the period of time one (1) year from the +later of (a) the Effective Date; or (b) the date the Licensed Software +was initially delivered to Licensee by Nokia. 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. + +"License Certificate" shall mean the document accompanying the +Licensed Software which specifies the modules which are licensed under +the Agreement, Development Platforms, Deployment Platforms and +Designated Users. + +"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 Nokia to Licensee in conjunction with this Agreement. +Licensed Software does not include Third Party Software (as defined in +Section 7). + +"Modified Software" shall mean modifications made to the Licensed +Software by Licensee. + +"Party or Parties" shall mean Licensee and/or Nokia. + +"Support" shall mean standard developer support that is provided by +Nokia to assist eligible Designated Users in using the Licensed +Software in accordance with its established standard support +procedures listed at: +http://www.qtsoftware.com/support-services/files/pdf/. + +"Updates" shall mean a release or version of the Licensed Software +containing enhancements, new features, bug fixes, error corrections +and other changes that are generally made available to users of the +Licensed Software that have contracted for maintenance and support. + + +2. OWNERSHIP + +The Licensed Software is protected by copyright laws and international +copyright treaties, as well as other intellectual property laws and +treaties. The Licensed Software is licensed, not sold. + +Nokia shall own all right, title and interest including the +intellectual property rights in and to the information on bug fixes or +error corrections relating to the Licensed Software that are submitted +by Licensee to Nokia as well as any intellectual property rights to +the correction of any errors, if any. To the extent any rights do not +automatically vest in Nokia, Licensee assigns, and shall ensure that +all of its Affiliates, agents, subcontractors and employees assign, +all such rights to Nokia. All Nokia's and/or its licensors' +trademarks, service marks, trade names, logos or other words or +symbols are and shall remain the exclusive property of Nokia or its +licensors respectively. + + +3. MODULES + +Some of the files in the Licensed Software have been grouped into +Modules. These files contain specific notices defining the Module of +which they are a part. The Modules licensed to Licensee are specified +in the License Certificate accompanying the Licensed Software. The +terms of the License Certificate are considered part of the +Agreement. In the event of inconsistency or conflict between the +language of this Agreement and the License Certificate, the provisions +of this Agreement shall govern. + + +4. VALIDITY OF THE AGREEMENT + +By installing, copying, or otherwise using the Licensed Software, +Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee +should not install, copy, or otherwise use the Licensed Software. In +addition, by installing, copying, or otherwise using any Updates or +other components of the Licensed Software that Licensee receives +separately as part of the Licensed Software, Licensee agrees to be +bound by any additional license terms that accompany such Updates, if +any. If Licensee does not agree to the additional license terms that +accompany such Updates, Licensee should not install, copy, or +otherwise use such Updates. + +Upon Licensee's acceptance of the terms and conditions of this +Agreement, Nokia grants Licensee the right to use the Licensed +Software in the manner provided below. + + +5. LICENSES + +5.1 Using, Modifying and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, perpetual +license to use, modify and copy the Licensed Software for Designated +Users specified in the License Certificate for the sole purposes of: + +(i) designing, developing, and testing Application(s); + +(ii) modifying the Licensed Software as limited by Section 8 below; and + +(iii) compiling the Licensed Software and/or Modified Software source + code into object code. + +Licensee may install copies of the Licensed Software on an unlimited +number of computers provided that only the Designated Users use the +Licensed Software. Licensee may at any time designate another +Designated User to replace a then-current Designated User by notifying +Nokia, provided that a) the then-current Designated User has not been +designated as a replacement during the last six (6) months; and b) +there is no more than the specified number of Designated Users at any +given time. + +5.2 No Distribution and Limited Exception + +Licensee may not distribute, transfer, assign or otherwise dispose of +the Licensed Software and/or Modified Software, except as provided by +a separate distribution agreement with Nokia for the Deployment +Platforms that Licensee has licensed from Nokia. Distribution on +Platforms, other than Deployment Platforms is strictly prohibited. + +Notwithstanding the above limitation, Licensee may distribute the +Application in binary/compiled form onto devices running Windows +CE/Windows Mobile, provided the core functionality of the device does +not depend on either the Licensed Software or the Application. + +5.3 Further Requirements + +The licenses granted in this Section 5 by Nokia to Licensee are +subject to Licensee's compliance with Section 8 of this Agreement. + + +6. VERIFICATION + +Nokia or a certified auditor on Nokia's behalf, may, upon its +reasonable request and at its expense, audit Licensee with respect to +the use of the Licensed Software. Such audit may be conducted by mail, +electronic means or through an in-person visit to Licensee's place of +business. Any such in-person audit shall be conducted during regular +business hours at Licensee's facilities and shall not unreasonably +interfere with Licensee's business activities. Nokia will not remove, +copy, or redistribute any electronic material during the course of an +audit. If an audit reveals that Licensee is using the Licensed +Software in a way that is in material violation of the terms of the +Agreement, then Licensee shall pay Nokia's reasonable costs of +conducting the audit. In the case of a material violation, Licensee +agrees to pay Nokia any amounts owing that are attributable to the +unauthorized use. In the alternative, Nokia reserves the right, at +Nokia's sole option, to terminate the licenses for the Licensed +Software. + + +7. THIRD PARTY SOFTWARE + +The Licensed Software may provide links to third party libraries or +code (collectively "Third Party Software") to implement various +functions. Third Party Software does not comprise part of the +Licensed Software. In some cases, access to Third Party Software may +be included along with the Licensed Software delivery as a convenience +for development and testing only. Such source code and libraries may +be listed in the ".../src/3rdparty" source tree delivered with the +Licensed Software or documented in the Licensed Software where the +Third Party Software is used, as may be amended from time to time, do +not comprise the Licensed Software. Licensee acknowledges (i) that +some part of Third Party Software may require additional licensing of +copyright and patents from the owners of such, and (ii) that +distribution of any of the Licensed Software referencing any portion +of a Third Party Software may require appropriate licensing from such +third parties. + + +8. CONDITIONS FOR CREATING APPLICATIONS + +The licenses granted in this Agreement for Licensee to create, modify +and distribute Applications is subject to all of the following +conditions: (i) all copies of the Applications Licensee creates must +bear a valid copyright notice either Licensee's own or the copyright +notice that appears on the Licensed Software; (ii) Licensee may not +remove or alter any copyright, trademark or other proprietary rights +notice contained in any portion of the Licensed Software including but +not limited to the About Boxes; (iii) Licensee will indemnify and hold +Nokia, its Affiliates, contractors, and its suppliers, harmless from +and against any claims or liabilities arising out of the use, +reproduction or distribution of Applications; (iv) Applications must +be developed using a licensed, registered copy of the Licensed +Software; (v) Applications must add primary and substantial +functionality to the Licensed Software; (vi) Applications may not pass +on functionality which in any way makes it possible for others to +create software with the Licensed Software; however Licensee may use +the Licensed Software's scripting functionality solely in order to +enable scripting that augments the functionality of the Application(s) +without adding primary and substantial functionality to the +Application(s); (vii) Licensee may create Modified Software that +breaks the source or binary compatibility with the Licensed +Software. This includes, but is not limited to, changing the +application programming interfaces ("API") by adding, changing or +deleting any variable, method, or class signature in the Licensed +Software, the inter-process QCop specification, and/or any +inter-process protocols, services or standards in the Licensed +Software libraries. To the extent that Licensee breaks source or +binary compatibility with the Licensed Software, Licensee acknowledges +that Nokia's ability to provide Support may be prevented or limited +and Licensee's ability to make use of Updates may be restricted; +(viii) Applications may not compete with the Licensed Software; (ix) +Licensee may not use Nokia's or any of its suppliers' names, logos, or +trademarks to market Applications, except to state that Licensee's +Application was developed using the Licensed Software. + +NOTE: The Open Source Editions of Nokia's Qt products and the Qt, +Qtopia and Qt Extended versions previously licensed by Trolltech +(collectively referred to as "Products") are licensed under the terms +of the GNU Lesser General Public License version 2.1 ("LGPL") and/or +the GNU General Public License versions 2.0 and 3.0 ("GPL") (as +applicable) and not under this Agreement. If Licensee has, at any +time, developed all (or any portions of) the Application(s) using a +version of one of these Products licensed under the LGPL or the GPL, +Licensee may not combine such development work with the Licensed +Software and must license such Application(s) (or any portions derived +there from) under the terms of the GNU Lesser General Public License +version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt, +Qtopia and Qt Extended) or version 3 (Qt only) copies of which are +located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, +http://www.fsf.org/licensing/licenses/info/GPLv2.html, and +http://www.gnu.org/copyleft/gpl.html. + + +9. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +Nokia hereby represents and warrants with respect to the Licensed +Software that it has the power and authority to grant the rights and +licenses granted to Licensee under this Agreement. Except as set +forth above, the Licensed Software is licensed to Licensee "as is". +To the maximum extent permitted by applicable law, Nokia 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 and fitness for a particular purpose, +title and non-infringement with regard to the Licensed Software. + + +10. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held to be +liable to Licensee whether in contract, tort, or any other legal +theory, based on the Licensed Software, Nokia's entire liability to +Licensee and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software +as originally delivered to Licensee. Nokia 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 Nokia, 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 Nokia to Licensee shall not exceed the +total amount Licensee has paid to Nokia in connection with this +Agreement. + + +11. SUPPORT AND UPDATES + +Licensee will be eligible to receive Support and Updates during the +Initial Term, in accordance with Nokia's then current policies and +procedures, if any. Such policies and procedures may be changed from +time to time. Following the Initial Term, Nokia shall no longer make +the Licensed Software available to Licensee unless Licensee purchases +additional Support and Updates according to this Section 11 below. + +Licensee may purchase additional Support and Updates following the +Initial Term at Nokia's terms and conditions applicable at the time of +renewal. + + +12. CONFIDENTIALITY + +Each party acknowledges that during the Initial Term of this Agreement +it shall have access to information about the other party's business, +business methods, business plans, customers, business relations, +technology, and other information, including the terms of this +Agreement, that is confidential and of great value to the other party, +and the value of which would be significantly reduced if disclosed to +third parties (the "Confidential Information"). Accordingly, when a +party (the "Receiving Party") receives Confidential Information from +another party (the "Disclosing Party"), the Receiving Party shall, and +shall obligate its employees and agents and employees and agents of +its affiliates to: (i) maintain the Confidential Information in strict +confidence; (ii) not disclose the Confidential Information to a third +party without the Disclosing Party's prior written approval; and (iii) +not, directly or indirectly, use the Confidential Information for any +purpose other than for exercising its rights and fulfilling its +responsibilities pursuant to this Agreement. Each party shall take +reasonable measures to protect the Confidential Information of the +other party, which measures shall not be less than the measures taken +by such party to protect its own confidential and proprietary +information. + +"Confidential Information" shall not include information that (a) is +or becomes generally known to the public through no act or omission of +the Receiving Party; (b) was in the Receiving Party's lawful +possession prior to the disclosure hereunder and was not subject to +limitations on disclosure or use; (c) is developed by 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 Nokia and Licensee +conflict with the terms of this Section 12, this Section 12 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +13. GENERAL PROVISIONS + +13.1. Marketing + +Nokia may include Licensee's company name and logo in a publicly +available list of Nokia customers and in its public communications. + +13.2. No Assignment + +Licensee shall not be entitled to assign or transfer all or any of its +rights, benefits and obligations under this Agreement without the +prior written consent of Nokia, which shall not be unreasonably +withheld. + +13.3. Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Either party shall have the right to terminate this Agreement +immediately upon written notice in the event that the other party +becomes insolvent, files for any form of bankruptcy, makes any +assignment for the benefit of creditors, has a receiver, +administrative receiver or officer appointed over the whole or a +substantial part of its assets, ceases to conduct business, or an act +equivalent to any of the above occurs under the laws of the +jurisdiction of the other party. + +Upon termination of the Licenses, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +13.4. Surviving Sections + +Any terms and conditions that by their nature or otherwise reasonably +should survive a cancellation or termination of this Agreement shall +also be deemed to survive. Such terms and conditions include, but are +not limited to the following Sections 2, 5.1, 6, 7, 8(iii), 10, 12, +13.5, 13.6, 13.9, 13.10, and 13.11 shall survive the termination of +the Agreement. Notwithstanding the foregoing, Sections 5.1 shall not +survive if the Agreement is terminated for material breach. + +13.5. Entire Agreement + +This Agreement constitutes the complete agreement between the parties +and supersedes all prior or contemporaneous discussions, +representations, and proposals, written or oral, with respect to the +subject matters discussed herein, with the exception of the +non-disclosure agreement executed by the parties in connection with +this Agreement ("Non-Disclosure Agreement"), if any, shall be subject +to Section 12. No modification of this Agreement shall be effective +unless contained in a writing executed by an authorized representative +of each party. No term or condition contained in Licensee's purchase +order shall apply unless expressly accepted by Nokia 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. + +13.6. Payment and Taxes + +All payments under this Agreement are due within thirty (30) days of +the date Nokia mails its invoice to Licensee. All amounts payable are +gross amounts but exclusive of any value added tax, use tax, sales tax +or similar tax. Licensee shall be entitled to withhold from payments +any applicable withholding taxes and comply with all applicable tax +and employment legislation. Each party shall pay all taxes +(including, but not limited to, taxes based upon its income) or levies +imposed on it under applicable laws, regulations and tax treaties as a +result of this Agreement and any payments made hereunder (including +those required to be withheld or deducted from payments). Each party +shall furnish evidence of such paid taxes as is sufficient to enable +the other party to obtain any credits available to it, including +original withholding tax certificates. + +13.7. Force Majeure + +Neither party shall be liable to the other for any delay or +non-performance of its obligations hereunder other than the obligation +of paying the license fees in the event and to the extent that such +delay or non-performance is due to an event of Force Majeure (as +defined below). If any event of Force Majeure results in a delay or +non-performance of a party for a period of three (3) months or longer, +then either party shall have the right to terminate this Agreement +with immediate effect without any liability (except for the +obligations of payment arising prior to the event of Force Majeure) +towards the other party. A "Force Majeure" event shall mean an act of +God, terrorist attack or other catastrophic event of nature that +prevents either party for fulfilling its obligations under this +Agreement. + + +13.8. Notices + +Any notice given by one party to the other shall be deemed properly +given and deemed received if specifically acknowledged by the +receiving party in writing or when successfully delivered to the +recipient by hand, fax, or special courier during normal business +hours on a business day to the addresses specified below. Each +communication and document made or delivered by one party to the other +party pursuant to this Agreement shall be in the English language or +accompanied by a translation thereof. + +Notices to Nokia shall be given to: + +Nokia, Inc. +555 Twin Dolphin Drive, Suite 280 +Redwood City, CA 94065 U.S.A. +Fax: +1-650-551-1851 + +13.9. Export Control + +Licensee acknowledges that the Licensed Software may be subject to +export control restrictions of various countries. Licensee shall +fully comply with all applicable export license restrictions and +requirements as well as with all laws and regulations relating to the +importation of the Licensed Software and/or Modified Software and/or +Applications and shall procure all necessary governmental +authorizations, including without limitation, all necessary licenses, +approvals, permissions or consents, where necessary for the +re-exportation of the Licensed Software, Modified Software or +Applications. + +13.10. 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 13.10 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. + +13.11 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 Nokia and its licensors. In addition, no +licenses or immunities are granted to the combination of the Licensed +Software and/ Modified Software, as applicable, with any other +software or hardware not delivered by Nokia under this Agreement. + +13.11 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/.LICENSE-EVALUATION b/.LICENSE-EVALUATION new file mode 100644 index 0000000..2b042b8 --- /dev/null +++ b/.LICENSE-EVALUATION @@ -0,0 +1,287 @@ +EVALUATION LICENSE AGREEMENT +Agreement version 2.0 + +This Evaluation License Agreement ("Agreement") is a legal agreement +between Nokia Corporation ("Nokia"), with its registered office at +Keilalahdentie 4, 02150 Espoo, 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. + +"Term" shall mean the period of time thirty (30) days from the later +of (a) the Effective Date; or (b) the date the Licensed Software was +initially delivered to Licensee by Nokia. 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 Nokia to Licensee in conjunction with this Agreement. + +"Party or Parties" shall mean Licensee and/or Nokia. + + +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 Nokia regarding the Licensed Software, Nokia +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 Nokia +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 Nokia +containing Feedback,, and (iii) sublicense all the foregoing rights to +third party licensees and customers of Nokia 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, +Nokia grants Licensee the right to use the Licensed Software in the +manner provided below. + + +4.LICENSES + +4.1.Using and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, +time-limited license to use and copy the Licensed Software for sole +purpose of evaluating 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 + +Nokia has no obligation to furnish Licensee with any technical support +whatsoever. Any such support is subject to separate agreement between +the Parties. + + +5.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. + + +6.Limited Warranty and Warranty Disclaimer + +The Licensed Software is licensed to Licensee "as is". To the maximum +extent permitted by applicable law, Nokia 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. + + +7.Limitation of Liability + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable +to Licensee, whether in contract, tort or any other legal theory, +based on the Licensed Software, Nokia's entire liability to Licensee +and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally +delivered to Licensee. Nokia 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 +Nokia 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 +Nokia to Licensee shall not exceed the total amount Licensee has paid +to Nokia in connection with this Agreement. + + +8. 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 Nokia and Licensee +conflict with the terms of this Section 8, this Section 8 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +9. GENERAL PROVISIONS + +9.1.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 Nokia, which shall not be unreasonably +withheld. + +9.2.Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Upon termination of this Agreement, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +9.3.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, 9.2, 9.3, 9.4, +9.5, 9.6, 9.7, and 9.8 of this Agreement. + +9.4.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 8. 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 Nokia 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. + +9.5.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., + +9.6.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. + +9.7.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 Nokia 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 Nokia +under this Agreement. + +9.8.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/.LICENSE-EVALUATION-US b/.LICENSE-EVALUATION-US new file mode 100644 index 0000000..fb2a7d8 --- /dev/null +++ b/.LICENSE-EVALUATION-US @@ -0,0 +1,300 @@ +EVALUATION LICENSE AGREEMENT +Agreement version 2.0 + +This Evaluation License Agreement ("Agreement") is a legal agreement +between Nokia, Inc. ("Nokia"), with its registered office at 6021 +Connection Drive, Irving, TX 75039, 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. + +"Term" shall mean the period of time thirty (30) days from the later +of (a) the Effective Date; or (b) the date the Licensed Software was +initially delivered to Licensee by Nokia. 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 Nokia to Licensee in conjunction with this Agreement. + +"Party or Parties" shall mean Licensee and/or Nokia. + + +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 Nokia regarding the Licensed Software, Nokia +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 Nokia +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 Nokia +containing Feedback,, and (iii) sublicense all the foregoing rights to +third party licensees and customers of Nokia 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, +Nokia grants Licensee the right to use the Licensed Software in the +manner provided below. + + +4. LICENSES + +4.1.Using and Copying + +Nokia grants to Licensee a non-exclusive, non-transferable, +time-limited license to use and copy the Licensed Software for sole +purpose of evaluating 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 + +Nokia has no obligation to furnish Licensee with any technical support +whatsoever. Any such support is subject to separate agreement between +the Parties. + + +5. 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. + + +6. LIMITED WARRANTY AND WARRANTY DISCLAIMER + +The Licensed Software is licensed to Licensee "as is". To the maximum +extent permitted by applicable law, Nokia 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. + + +7. LIMITATION OF LIABILITY + +If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable +to Licensee, whether in contract, tort or any other legal theory, +based on the Licensed Software, Nokia's entire liability to Licensee +and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally +delivered to Licensee. Nokia 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 +Nokia 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 +Nokia to Licensee shall not exceed the total amount Licensee has paid +to Nokia in connection with this Agreement. + + +8. 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 Nokia and Licensee +conflict with the terms of this Section 8, this Section 8 shall be +controlling over the terms of the Non-Disclosure Agreement. + + +9. GENERAL PROVISIONS + +9.1.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 Nokia, which shall not be unreasonably +withheld. + +9.2.Termination + +Nokia may terminate the Agreement at any time immediately upon written +notice by Nokia to Licensee if Licensee breaches this Agreement. + +Upon termination of this Agreement, Licensee shall return to Nokia all +copies of Licensed Software that were supplied by Nokia. 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 Nokia a written confirmation that this has occurred. + +9.3.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, 9.2, 9.3, 9.4, +9.5, 9.6, 9.7, and 9.8 of this Agreement. + +9.4.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 8. 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 Nokia 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. + +9.5.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., + +9.6.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. + +9.7.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 Nokia 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 Nokia +under this Agreement. + +9.8.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/LICENSE.LGPL b/LICENSE.LGPL index 9a30e8c..5ab7695 100644 --- a/LICENSE.LGPL +++ b/LICENSE.LGPL @@ -1,14 +1,4 @@ GNU LESSER GENERAL PUBLIC LICENSE - - The Qt GUI Toolkit is Copyright (C) 2009 Nokia Corporation and/or its subsidiary(-ies). - Contact: Nokia Corporation (qt-info@nokia.com) - - You may use, distribute and copy the Qt GUI Toolkit under the terms of - GNU Lesser General Public License version 2.1, which is displayed below. - -------------------------------------------------------------------------- - - GNU LESSER GENERAL PUBLIC LICENSE Version 2.1, February 1999 Copyright (C) 1991, 1999 Free Software Foundation, Inc. diff --git a/LICENSE.PREVIEW.COMMERCIAL b/LICENSE.PREVIEW.COMMERCIAL deleted file mode 100644 index 7f7b234..0000000 --- a/LICENSE.PREVIEW.COMMERCIAL +++ /dev/null @@ -1,642 +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 2.3 - -This Technology Preview License Agreement ("Agreement") is a legal -agreement between Nokia Inc. ("Nokia"), with its registered office at -6021 Connection Drive, Irving, TX 75039, 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. - -"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 Nokia. 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 Nokia to Licensee in conjunction with this Agreement. - -"Party" or "Parties" shall mean Licensee and/or Nokia. - - -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 Nokia regarding the Licensed Software, Nokia -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 Nokia -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 Nokia -containing Feedback,, and (iii) sublicense all the foregoing rights to -third party licensees and customers of Nokia 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, -Nokia grants Licensee the right to use the Licensed Software in the -manner provided below. - - -4. LICENSES - -4.1 Using and Copying - -Nokia grants to Licensee a non-exclusive, non-transferable, -time-limited license to use and copy the Licensed Software for sole -purpose of evaluating and testing 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 - -Nokia 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. Nokia 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, Nokia 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, Nokia's warranty disclaimer notwithstanding, Nokia is held liable -to Licensee, whether in contract, tort or any other legal theory, -based on the Licensed Software, Nokia's entire liability to Licensee -and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally -delivered to Licensee. Nokia 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 -Nokia 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 -Nokia to Licensee shall not exceed the total amount Licensee has paid -to Nokia 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 Nokia and Licensee -conflict with the terms of this Section 8, this Section 8 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 Nokia, which shall not be unreasonably -withheld. - -10.2 Termination - -Nokia may terminate the Agreement at any time immediately upon written -notice by Nokia to Licensee if Licensee breaches this Agreement. - -Upon termination of this Agreement, Licensee shall return to Nokia all -copies of Licensed Software that were supplied by Nokia. 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 Nokia 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 8. 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 Nokia 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 Nokia 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 Nokia -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 2.3 - -This Technology Preview License Agreement ("Agreement") is a legal -agreement between Nokia Corporation ("Nokia"), with its registered -office at Keilalahdentie 4, 02150 Espoo, Finland 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. - -"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 Nokia. 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 Nokia to Licensee in conjunction with this Agreement. - -"Party" or "Parties" shall mean Licensee and/or Nokia. - - -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 Nokia regarding the Licensed Software, Nokia -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 Nokia -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 Nokia -containing Feedback,, and (iii) sublicense all the foregoing rights to -third party licensees and customers of Nokia 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, -Nokia grants Licensee the right to use the Licensed Software in the -manner provided below. - - -4. LICENSES - -4.1 Using and Copying - -Nokia grants to Licensee a non-exclusive, non-transferable, -time-limited license to use and copy the Licensed Software for sole -purpose of evaluating and testing 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 - -Nokia 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. Nokia 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, Nokia 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, Nokia's warranty disclaimer notwithstanding, Nokia is held liable -to Licensee, whether in contract, tort or any other legal theory, -based on the Licensed Software, Nokia's entire liability to Licensee -and Licensee's exclusive remedy shall be, at Nokia'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 Nokia all copies of the Licensed Software as originally -delivered to Licensee. Nokia 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 -Nokia 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 -Nokia to Licensee shall not exceed the total amount Licensee has paid -to Nokia 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 Nokia and Licensee -conflict with the terms of this Section 8, this Section 8 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 Nokia, which shall not be unreasonably -withheld. - -10.2 Termination - -Nokia may terminate the Agreement at any time immediately upon written -notice by Nokia to Licensee if Licensee breaches this Agreement. - -Upon termination of this Agreement, Licensee shall return to Nokia all -copies of Licensed Software that were supplied by Nokia. 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 Nokia 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 8. 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 Nokia 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 Nokia 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 Nokia -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. - - - - |