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Timestamp:
Feb 10, 2010, 12:52:55 AM (16 years ago)
Author:
Dmitry A. Kuminov
Message:

vendor: Merged in qt-everywhere-opensource-src-4.6.1 from Nokia.

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1 edited

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  • branches/vendor/nokia/qt/current/.LICENSE-ALLOS-US

    r2 r556  
    11Qt All Operating Systems Commercial Developer License Agreement
    2 Agreement version 1.1
    3 
    4 
    5 This Qt All Operating Systems Commercial Developer License Agreement
    6 ("Agreement") is a legal agreement between Nokia, Inc. ("Nokia") with
    7 its registered office at 102 Corporate Park Drive, White Plains, NY
    8 10604, U.S.A., and you (either an individual or a legal entity)
    9 ("Licensee") for the Licensed Software (as defined below).
    10 
    11 
    12 1. DEFINITIONS
    13 
    14 "Affiliate" of a Party shall mean an entity (i) which is directly or
    15 indirectly controlling such Party; (ii) which is under the same direct
    16 or indirect ownership or control as such Party; or (iii) which is
    17 directly or indirectly owned or controlled by such Party.  For these
    18 purposes, an entity shall be treated as being controlled by another if
    19 that other entity has fifty percent (50 %) or more of the votes in
    20 such entity, is able to direct its affairs and/or to control the
    21 composition of its board of directors or equivalent body.
    22 
    23 "Applications" shall mean Licensee's software products created using
    24 the Licensed Software which may include portions of the Licensed
    25 Software.
    26 
    27 "Deployment Platforms" shall mean the Embedded Linux, Windows(R) CE
    28 and Windows Mobile operating system(s).
    29 
    30 "Designated User(s)" shall mean the employee(s) of Licensee acting
    31 within the scope of their employment or Licensee's consultant(s) or
    32 contractor(s) acting within the scope of their services for Licensee
    33 and on behalf of Licensee.
    34 
    35 "Initial Term" shall mean the period of time one (1) year from the
    36 later of (a) the Effective Date; or (b) the date the Licensed Software
    37 was initially delivered to Licensee by Nokia.  If no specific
    38 Effective Date is set forth in the Agreement, the Effective Date shall
    39 be deemed to be the date the Licensed Software was initially delivered
    40 to Licensee.
    41 
    42 "License Certificate" shall mean the document accompanying the
    43 Licensed Software which specifies the modules which are licensed under
    44 the Agreement, Platforms and Designated Users.
    45 
    46 "Licensed Software" shall mean the computer software, "online" or
    47 electronic documentation, associated media and printed materials,
    48 including the source code, example programs and the documentation
    49 delivered by Nokia to Licensee in conjunction with this Agreement.
    50 Licensed Software does not include Third Party Software (as defined in
    51 Section 7).
    52 
    53 "Modified Software" shall mean modifications made to the Licensed
    54 Software by Licensee.
    55 
    56 "Party or Parties" shall mean Licensee and/or Nokia.
    57 
    58 "Platforms" shall mean the operating system(s) listed in the License
    59 Certificate.
    60 
    61 "Redistributables" shall mean the portions of the Licensed Software
    62 set forth in Appendix 1, Section 1 that may be distributed with or as
    63 part of Applications in object code form.
    64 
    65 "Support" shall mean standard developer support that is provided by
    66 Nokia to assist eligible Designated Users in using the Licensed
    67 Software in accordance with its established standard support
    68 procedures listed at:
    69 http://www.qtsoftware.com/support-services/files/pdf/.
    70 
    71 "Updates" shall mean a release or version of the Licensed Software
    72 containing enhancements, new features, bug fixes, error corrections
    73 and other changes that are generally made available to users of the
    74 Licensed Software that have contracted for maintenance and support.
    75 
    76 
    77 2. OWNERSHIP
    78 
    79 The Licensed Software is protected by copyright laws and international
    80 copyright treaties, as well as other intellectual property laws and
    81 treaties. The Licensed Software is licensed, not sold.
    82 
    83 Nokia shall own all right, title and interest including the
    84 intellectual property rights in and to the information on bug fixes or
    85 error corrections relating to the Licensed Software that are submitted
    86 by Licensee to Nokia as well as any intellectual property rights to
    87 the correction of any errors, if any.  To the extent any rights do not
    88 automatically vest in Nokia, Licensee assigns, and shall ensure that
    89 all of its Affiliates, agents, subcontractors and employees assign,
    90 all such rights to Nokia.  All Nokia's and/or its licensors'
    91 trademarks, service marks, trade names, logos or other words or
    92 symbols are and shall remain the exclusive property of Nokia or its
    93 licensors respectively.
    94 
    95 
    96 3. MODULES
    97 
    98 Some of the files in the Licensed Software have been grouped into
    99 Modules. These files contain specific notices defining the Module of
    100 which they are a part. The Modules licensed to Licensee are specified
    101 in the License Certificate accompanying the Licensed Software. The
    102 terms of the License Certificate are considered part of the
    103 Agreement. In the event of inconsistency or conflict between the
    104 language of this Agreement and the License Certificate, the provisions
    105 of this Agreement shall govern.
    106 
    107 
    108 4. VALIDITY OF THE AGREEMENT
    109 
    110 By installing, copying, or otherwise using the Licensed Software,
    111 Licensee agrees to be bound by the terms of this Agreement. If
    112 Licensee does not agree to the terms of this Agreement, Licensee
    113 should not install, copy, or otherwise use the Licensed Software. In
    114 addition, by installing, copying, or otherwise using any Updates or
    115 other components of the Licensed Software that Licensee receives
    116 separately as part of the Licensed Software, Licensee agrees to be
    117 bound by any additional license terms that accompany such Updates, if
    118 any. If Licensee does not agree to the additional license terms that
    119 accompany such Updates, Licensee should not install, copy, or
    120 otherwise use such Updates.
    121 
    122 Upon Licensee's acceptance of the terms and conditions of this
    123 Agreement, Nokia grants Licensee the right to use the Licensed
    124 Software in the manner provided below.
    125 
    126 
    127 5. LICENSES
    128 
    129 5.1 Using, Modifying and Copying
    130 
    131 Nokia grants to Licensee a non-exclusive, non-transferable, perpetual
    132 license to use, modify and copy the Licensed Software for Designated
    133 Users specified in the License Certificate for the sole purposes of:
    134 
    135 (i) designing, developing, and testing Application(s);
     2Agreement version 1.2
     3
     4
     5This 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).
     6
     7
     81.      DEFINITIONS
     9
     10"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. 
     11
     12"Applications" shall mean Licensee's software products created using the Licensed Software which may include portions of the Licensed Software.
     13
     14"Deployment Platforms" shall mean the Embedded Linux, Windows(R) CE and Windows Mobile operating system(s).
     15
     16"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.
     17 
     18"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.
     19
     20"License Certificate" shall mean the document accompanying the Licensed Software which specifies the modules which are licensed under the Agreement, Platforms and Designated Users. 
     21
     22"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).
     23
     24"Modified Software" shall mean modifications made to the Licensed Software by Licensee.
     25
     26"Party" or "Parties" shall mean Licensee and/or Nokia.
     27
     28"Platforms" shall mean the operating system(s) listed in the License Certificate.
     29
     30"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.
     31
     32"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://qt.nokia.com/support-services/files/standardsupport-TermsandConditions.pdf.
     33
     34"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.
     35
     36
     372.      OWNERSHIP
     38
     39The 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.
     40
     41Nokia 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.
     42
     43
     443.      MODULES
     45
     46Some 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.
     47 
     48
     494.      VALIDITY OF THE AGREEMENT
     50
     51By 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.
     52
     53Upon 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.
     54
     55
     565.      LICENSES
     57
     585.1     Using, Modifying and Copying
     59
     60Nokia 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:
     61
     62(i) designing, developing, and testing Application(s);
    13663
    13764(ii) modifying the Licensed Software as limited by section 8 below; and
    13865
    139 (iii) compiling the Licensed Software and/or Modified Software source
    140       code into object code.
    141 
    142 Licensee may install copies of the Licensed Software on an unlimited
    143 number of computers provided that only the Designated Users use the
    144 Licensed Software. Licensee may at any time designate another
    145 Designated User to replace a then-current Designated User by notifying
    146 Nokia, provided that a) the then-current Designated User has not been
    147 designated as a replacement during the last six (6) months; and b)
    148 there is no more than the specified number of Designated Users at any
    149 given time.
    150 
    151 5.2 Limited Redistribution
    152 
    153 a) Nokia grants Licensee a non-exclusive, royalty-free right to
    154    reproduce and distribute the object code form of Redistributables
    155    (listed in Appendix 1, Section 1) for execution on the specified
    156    Platforms, excluding the Deployment Platforms. Copies of
    157    Redistributables may only be distributed with and for the sole
    158    purpose of executing Applications permitted under this Agreement
    159    that Licensee has created using the Licensed Software. Under no
    160    circumstances may any copies of Redistributables be distributed
    161    separately. This Agreement does not give Licensee any rights to
    162    distribute any of the parts of the Licensed Software listed in
    163    Appendix 1, Section 2, neither as a whole nor as parts or snippets
    164    of code.
    165 
    166 b) Licensee may not distribute, transfer, assign or otherwise dispose
    167    of Applications and/or Redistributables, in binary/compiled form,
    168    or in any other form, if such action is part of a joint software
    169    and hardware distribution, except as provided by a separate runtime
    170    distribution license with Nokia or one of its authorized
    171    distributors.  A joint hardware and software distribution shall be
    172    defined as either:
    173 
    174    (i) distribution of a hardware device where, in its final end user
    175        configuration, the main user interface of the device is
    176        provided by Application(s) created by Licensee or others, using
    177        a commercial version of a Qt or Qt-based product, and depends
    178        on the Licensed Software or an open source version of any Qt or
    179        Qt-based software product; or
    180 
    181    (ii) distribution of the Licensed Software with a device designed
    182         to facilitate the installation of the Licensed Software onto
    183         the same device where the main user interface of such device
    184         is provided by Application(s) created by Licensee or others,
    185         using a commercial version of a Qt or Qt-based product, and
    186         depends on the Licensed Software.
    187 
    188 c) Licensee's distribution of Licensed Software and/or Modified
    189    Software or Applications on Deployment Platforms requires a
    190    separate distribution license from Nokia.  Notwithstanding the
    191    above limitation, Licensee may distribute the Application in
    192    binary/compiled form onto devices running Windows CE/Windows
    193    Mobile, provided the core functionality of the device does not
    194    depend on either the Licensed Software or the Application.
    195 
    196 5.3 Further Requirements
    197 
    198 The licenses granted in this Section 5 by Nokia to Licensee are
    199 subject to Licensee's compliance with Section 8 of this Agreement.
    200 
    201 
    202 6. VERIFICATION
    203 
    204 Nokia or a certified auditor on Nokia's behalf, may, upon its
    205 reasonable request and at its expense, audit Licensee with respect to
    206 the use of the Licensed Software. Such audit may be conducted by mail,
    207 electronic means or through an in-person visit to Licensee's place of
    208 business.  Any such in-person audit shall be conducted during regular
    209 business hours at Licensee's facilities and shall not unreasonably
    210 interfere with Licensee's business activities. Nokia will not remove,
    211 copy, or redistribute any electronic material during the course of an
    212 audit.  If an audit reveals that Licensee is using the Licensed
    213 Software in a way that is in material violation of the terms of the
    214 Agreement, then Licensee shall pay Nokia's reasonable costs of
    215 conducting the audit. In the case of a material violation, Licensee
    216 agrees to pay Nokia any amounts owing that are attributable to the
    217 unauthorized use. In the alternative, Nokia reserves the right, at
    218 Nokia's sole option, to terminate the licenses for the Licensed
    219 Software.
    220 
    221 
    222 7. THIRD PARTY SOFTWARE
    223 
    224 The Licensed Software may provide links to third party libraries or
    225 code (collectively "Third Party Software") to implement various
    226 functions.  Third Party Software does not comprise part of the
    227 Licensed Software. In some cases, access to Third Party Software may
    228 be included along with the Licensed Software delivery as a convenience
    229 for development and testing only. Such source code and libraries may
    230 be listed in the ".../src/3rdparty" source tree delivered with the
    231 Licensed Software or documented in the Licensed Software where the
    232 Third Party Software is used, as may be amended from time to time, do
    233 not comprise the Licensed Software.  Licensee acknowledges (i) that
    234 some part of Third Party Software may require additional licensing of
    235 copyright and patents from the owners of such, and (ii) that
    236 distribution of any of the Licensed Software referencing any portion
    237 of a Third Party Software may require appropriate licensing from such
    238 third parties.
    239 
    240 
    241 8. CONDITIONS FOR CREATING APPLICATIONS
    242 
    243 The licenses granted in this Agreement for Licensee to create, modify
    244 and distribute Applications is subject to all of the following
    245 conditions: (i) all copies of the Applications Licensee creates must
    246 bear a valid copyright notice either Licensee's own or the copyright
    247 notice that appears on the Licensed Software; (ii) Licensee may not
    248 remove or alter any copyright, trademark or other proprietary rights
    249 notice contained in any portion of the Licensed Software including but
    250 not limited to the About Boxes; (iii) Licensee will indemnify and hold
    251 Nokia, its Affiliates, contractors, and its suppliers, harmless from
    252 and against any claims or liabilities arising out of the use,
    253 reproduction or distribution of Applications; (iv) Applications must
    254 be developed using a licensed, registered copy of the Licensed
    255 Software; (v) Applications must add primary and substantial
    256 functionality to the Licensed Software; (vi) Applications may not pass
    257 on functionality which in any way makes it possible for others to
    258 create software with the Licensed Software; however Licensee may use
    259 the Licensed Software's scripting functionality solely in order to
    260 enable scripting that augments the functionality of the Application(s)
    261 without adding primary and substantial functionality to the
    262 Application(s); (vii) Licensee may create Modified Software that
    263 breaks the source or binary compatibility with the Licensed
    264 Software. This includes, but is not limited to, changing the
    265 application programming interfaces ("API") by adding, changing or
    266 deleting any variable, method, or class signature in the Licensed
    267 Software, the inter-process QCop specification, and/or any
    268 inter-process protocols, services or standards in the Licensed
    269 Software libraries.  To the extent that Licensee breaks source or
    270 binary compatibility with the Licensed Software, Licensee acknowledges
    271 that Nokia's ability to provide Support may be prevented or limited
    272 and Licensee's ability to make use of Updates may be restricted;
    273 (viii) Applications may not compete with the Licensed Software; (ix)
    274 Licensee may not use Nokia's or any of its suppliers' names, logos, or
    275 trademarks to market Applications, except to state that Licensee's
    276 Application(s) was developed using the Licensed Software.
    277 
    278 NOTE: The Open Source Editions of Nokia's Qt products and the Qt,
    279 Qtopia and Qt Extended versions previously licensed by Trolltech
    280 (collectively referred to as "Products") are licensed under the terms
    281 of the GNU Lesser General Public License version 2.1 ("LGPL") and/or
    282 the GNU General Public License versions 2.0 and 3.0 ("GPL") (as
    283 applicable) and not under this Agreement.  If Licensee has, at any
    284 time, developed all (or any portions of) the Application(s) using a
    285 version of one of these Products licensed under the LGPL or the GPL,
    286 Licensee may not combine such development work with the Licensed
    287 Software and must license such Application(s) (or any portions derived
    288 there from) under the terms of the GNU Lesser General Public License
    289 version 2.1 (Qt only) or GNU General Public License version 2.0 (Qt,
    290 Qtopia and Qt Extended) or version 3 (Qt only) copies of which are
    291 located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html,
    292 http://www.fsf.org/licensing/licenses/info/GPLv2.html, and
    293 http://www.gnu.org/copyleft/gpl.html.
    294 
    295 
    296 9. LIMITED WARRANTY AND WARRANTY DISCLAIMER
    297 
    298 Nokia hereby represents and warrants with respect to the Licensed
    299 Software that it has the power and authority to grant the rights and
    300 licenses granted to Licensee under this Agreement.  Except as set
    301 forth above, the Licensed Software is licensed to Licensee "as is".
    302 To the maximum extent permitted by applicable law, Nokia on behalf of
    303 itself and its suppliers, disclaims all warranties and conditions,
    304 either express or implied, including, but not limited to, implied
    305 warranties of merchantability and fitness for a particular purpose,
    306 title and non-infringement with regard to the Licensed Software.
    307 
    308 
    309 10. LIMITATION OF LIABILITY
    310 
    311 If, Nokia's warranty disclaimer notwithstanding, Nokia is held to be
    312 liable to Licensee whether in contract, tort, or any other legal
    313 theory, based on the Licensed Software, Nokia's entire liability to
    314 Licensee and Licensee's exclusive remedy shall be, at Nokia's option,
    315 either (a) return of the price Licensee paid for the Licensed
    316 Software, or (b) repair or replacement of the Licensed Software,
    317 provided Licensee returns to Nokia all copies of the Licensed Software
    318 as originally delivered to Licensee. Nokia shall not under any
    319 circumstances be liable to Licensee based on failure of the Licensed
    320 Software if the failure resulted from accident, abuse or
    321 misapplication, nor shall Nokia, under any circumstances, be liable
    322 for special damages, punitive or exemplary damages, damages for loss
    323 of profits or interruption of business or for loss or corruption of
    324 data. Any award of damages from Nokia to Licensee shall not exceed the
    325 total amount Licensee has paid to Nokia in connection with this
    326 Agreement.
    327 
    328 
    329 11. SUPPORT AND UPDATES
    330 
    331 Licensee will be eligible to receive Support and Updates during the
    332 Initial Term, in accordance with Nokia's then current policies and
    333 procedures, if any. Such policies and procedures may be changed from
    334 time to time. Following the Initial Term, Nokia shall no longer make
    335 the Licensed Software available to Licensee unless Licensee purchases
    336 additional Support and Updates according to this Section 11 below.
    337 
    338 Licensee may purchase additional Support and Updates following the
    339 Initial Term at Nokia's terms and conditions applicable at the time of
    340 renewal.
    341 
    342 
    343 12. CONFIDENTIALITY
    344 
    345 Each party acknowledges that during the Initial Term of this Agreement
    346 it shall have access to information about the other party's business,
    347 business methods, business plans, customers, business relations,
    348 technology, and other information, including the terms of this
    349 Agreement, that is confidential and of great value to the other party,
    350 and the value of which would be significantly reduced if disclosed to
    351 third parties (the "Confidential Information"). Accordingly, when a
    352 party (the "Receiving Party") receives Confidential Information from
    353 another party (the "Disclosing Party"), the Receiving Party shall, and
    354 shall obligate its employees and agents and employees and agents of
    355 its affiliates to: (i) maintain the Confidential Information in strict
    356 confidence; (ii) not disclose the Confidential Information to a third
    357 party without the Disclosing Party's prior written approval; and (iii)
    358 not, directly or indirectly, use the Confidential Information for any
    359 purpose other than for exercising its rights and fulfilling its
    360 responsibilities pursuant to this Agreement. Each party shall take
    361 reasonable measures to protect the Confidential Information of the
    362 other party, which measures shall not be less than the measures taken
    363 by such party to protect its own confidential and proprietary
    364 information.
    365 
    366 "Confidential Information" shall not include information that (a) is
    367 or becomes generally known to the public through no act or omission of
    368 the Receiving Party; (b) was in the Receiving Party's lawful
    369 possession prior to the disclosure hereunder and was not subject to
    370 limitations on disclosure or use; (c) is developed by the Receiving
    371 Party without access to the Confidential Information of the Disclosing
    372 Party or by persons who have not had access to the Confidential
    373 Information of the Disclosing Party as proven by the written records
    374 of the Receiving Party; (d) is lawfully disclosed to the Receiving
    375 Party without restrictions, by a third party not under an obligation
    376 of confidentiality; or (e) the Receiving Party is legally compelled to
    377 disclose the information, in which case the Receiving Party shall
    378 assert the privileged and confidential nature of the information and
    379 cooperate fully with the Disclosing Party to protect against and
    380 prevent disclosure of any Confidential Information and to limit the
    381 scope of disclosure and the dissemination of disclosed Confidential
    382 Information by all legally available means.
    383 
    384 The obligations of the Receiving Party under this Section shall
    385 continue during the Initial Term and for a period of five (5) years
    386 after expiration or termination of this Agreement.  To the extent that
    387 the terms of the Non-Disclosure Agreement between Nokia and Licensee
    388 conflict with the terms of this Section 12, this Section 12 shall be
    389 controlling over the terms of the Non-Disclosure Agreement.
    390 
    391 
    392 
    393 13. GENERAL PROVISIONS
    394 
    395 13.1 Marketing
    396 
    397 Nokia may include Licensee's company name and logo in a publicly
    398 available list of Nokia customers and in its public communications.
    399 
    400 13.2 No Assignment
    401 
    402 Licensee shall not be entitled to assign or transfer all or any of its
    403 rights, benefits and obligations under this Agreement without the
    404 prior written consent of Nokia, which shall not be unreasonably
    405 withheld.
    406 
    407 13.3 Termination
    408 
    409 Nokia may terminate the Agreement at any time immediately upon written
    410 notice by Nokia to Licensee if Licensee breaches this Agreement.
    411 
    412 Either party shall have the right to terminate this Agreement
    413 immediately upon written notice in the event that the other party
    414 becomes insolvent, files for any form of bankruptcy, makes any
    415 assignment for the benefit of creditors, has a receiver,
    416 administrative receiver or officer appointed over the whole or a
    417 substantial part of its assets, ceases to conduct business, or an act
    418 equivalent to any of the above occurs under the laws of the
    419 jurisdiction of the other party.
    420 
    421 Upon termination of the Licenses, Licensee shall return to Nokia all
    422 copies of Licensed Software that were supplied by Nokia.  All other
    423 copies of Licensed Software in the possession or control of Licensee
    424 must be erased or destroyed.  An officer of Licensee must promptly
    425 deliver to Nokia a written confirmation that this has occurred.
    426 
    427 13.4 Surviving Sections
    428 
    429 Any terms and conditions that by their nature or otherwise reasonably
    430 should survive a cancellation or termination of this Agreement shall
    431 also be deemed to survive.  Such terms and conditions include, but are
    432 not limited to the following Sections 2, 5.1, 6, 7, 8(iii), 10, 12,
    433 13.5, 13.6, 13.9, 13.10, and 13.11 shall survive the termination of
    434 the Agreement.  Notwithstanding the foregoing, Section 5.1 shall not
    435 survive if the Agreement is terminated for material breach.
    436 
    437 13.5 Entire Agreement
    438 
    439 This Agreement constitutes the complete agreement between the parties
    440 and supersedes all prior or contemporaneous discussions,
    441 representations, and proposals, written or oral, with respect to the
    442 subject matters discussed herein, with the exception of the
    443 non-disclosure agreement executed by the parties in connection with
    444 this Agreement ("Non-Disclosure Agreement"), if any, shall be subject
    445 to Section 12. No modification of this Agreement shall be effective
    446 unless contained in a writing executed by an authorized representative
    447 of each party. No term or condition contained in Licensee's purchase
    448 order shall apply unless expressly accepted by Nokia in writing. If
    449 any provision of the Agreement is found void or unenforceable, the
    450 remainder shall remain valid and enforceable according to its
    451 terms. If any remedy provided is determined to have failed for its
    452 essential purpose, all limitations of liability and exclusions of
    453 damages set forth in this Agreement shall remain in effect.
    454 
    455 
    456 13.6 Payment and Taxes
    457 
    458 All payments under this Agreement are due within thirty (30) days of
    459 the date Nokia mails its invoice to Licensee.  All amounts payable are
    460 gross amounts but exclusive of any value added tax, use tax, sales tax
    461 or similar tax. Licensee shall be entitled to withhold from payments
    462 any applicable withholding taxes and comply with all applicable tax
    463 and employment legislation.  Each party shall pay all taxes
    464 (including, but not limited to, taxes based upon its income) or levies
    465 imposed on it under applicable laws, regulations and tax treaties as a
    466 result of this Agreement and any payments made hereunder (including
    467 those required to be withheld or deducted from payments).  Each party
    468 shall furnish evidence of such paid taxes as is sufficient to enable
    469 the other party to obtain any credits available to it, including
    470 original withholding tax certificates.
    471 
    472 13.7 Force Majeure
    473 
    474 Neither party shall be liable to the other for any delay or
    475 non-performance of its obligations hereunder other than the obligation
    476 of paying the license fees in the event and to the extent that such
    477 delay or non-performance is due to an event of Force Majeure (as
    478 defined below).  If any event of Force Majeure results in a delay or
    479 non-performance of a party for a period of three (3) months or longer,
    480 then either party shall have the right to terminate this Agreement
    481 with immediate effect without any liability (except for the
    482 obligations of payment arising prior to the event of Force Majeure)
    483 towards the other party.  A "Force Majeure" event shall mean an act of
    484 God, terrorist attack or other catastrophic event of nature that
    485 prevents either party for fulfilling its obligations under this
    486 Agreement.
    487 
    488 13.8 Notices
    489 
    490 Any notice given by one party to the other shall be deemed properly
    491 given and deemed received if specifically acknowledged by the
    492 receiving party in writing or when successfully delivered to the
    493 recipient by hand, fax, or special courier during normal business
    494 hours on a business day to the addresses specified below.  Each
    495 communication and document made or delivered by one party to the other
    496 party pursuant to this Agreement shall be in the English language or
    497 accompanied by a translation thereof.
    498 
    499 Notices to Nokia shall be given to:
     66(iii) compiling the Licensed Software and/or Modified Software source code into object code. 
     67
     68Licensee 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.
     69
     705.2     Limited Redistribution
     71
     72a) 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.
     73
     74b) 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: 
     75
     76(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
     77
     78(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.
     79
     80c) 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 or Symbian, provided the core functionality of the device does not depend on either the Licensed Software or the Application.
     81
     825.3     Further Requirements
     83
     84The licenses granted in this Section 5 by Nokia to Licensee are subject to Licensee's compliance with Section 8 of this Agreement. 
     85
     86
     876.      VERIFICATION
     88
     89Nokia 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.
     90
     91
     927.      THIRD PARTY SOFTWARE
     93
     94The 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. 
     95
     96
     978.      CONDITIONS FOR CREATING APPLICATIONS
     98
     99The 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.
     100
     101NOTE:  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, or another third party, 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.
     102
     103
     1049.      LIMITED WARRANTY AND WARRANTY DISCLAIMER
     105
     106Nokia 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.
     107
     108
     10910.     LIMITATION OF LIABILITY
     110
     111If, 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.
     112
     113
     11411.     SUPPORT AND UPDATES
     115
     116Licensee 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.
     117
     118Licensee may purchase additional Support and Updates following the Initial Term at Nokia's terms and conditions applicable at the time of renewal.
     119
     120
     12112.     CONFIDENTIALITY
     122
     123Each 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.
     124
     125"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.
     126
     127The 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.
     128
     129
     130
     13113.     GENERAL PROVISIONS
     132
     13313.1    Marketing
     134
     135        Nokia may include Licensee's company name and logo in a publicly available list of Nokia customers and in its public communications.
     136
     13713.2    No Assignment
     138
     139Licensee 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.
     140
     14113.3    Termination
     142
     143Nokia may terminate the Agreement at any time immediately upon written notice by Nokia to Licensee if Licensee breaches this Agreement. 
     144
     145Either 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.
     146
     147Upon 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.
     148
     14913.4    Surviving Sections
     150   
     151Any 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.
     152
     15313.5    Entire Agreement
     154   
     155This 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.
     156
     157
     15813.6    Payment and Taxes
     159
     160If credit has been extended to Licensee by Nokia, all payments under this Agreement are due within thirty (30) days of the date Nokia mails its invoice to Licensee.  If Nokia has not extended credit to Licensee, Licensee shall be required to make payment concurrent with the delivery of the Licensed Software by Nokia.  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.
     161
     16213.7    Force Majeure
     163
     164Neither 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.
     165
     16613.8    Notices
     167
     168Any 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.
     169
     170Notices to Nokia shall be given to:
    500171
    501172Nokia, Inc.
    502173555 Twin Dolphin Drive, Suite 280
    503174Redwood City, CA 94065 U.S.A.
    504 Fax:  +1-650551-1851
    505 
    506 13.9 Export Control
    507 
    508 Licensee acknowledges that the Licensed Software may be subject to
    509 export control restrictions of various countries.  Licensee shall
    510 fully comply with all applicable export license restrictions and
    511 requirements as well as with all laws and regulations relating to the
    512 importation of the Licensed Software and/or Modified Software and/or
    513 Applications and shall procure all necessary governmental
    514 authorizations, including without limitation, all necessary licenses,
    515 approvals, permissions or consents, where necessary for the
    516 re-exportation of the Licensed Software, Modified Software or
    517 Applications.
    518 
    519 13.10 Governing Law and Legal Venue
    520 
    521 This Agreement shall be governed by and construed in accordance with
    522 the federal laws of the United States of America and the internal laws
    523 of the State of New York without given effect to any choice of law
    524 rule that would result in the application of the laws of any other
    525 jurisdiction.  The United Nations Convention on Contracts for the
    526 International Sale of Goods (CISG) shall not apply.  Each Party (a)
    527 hereby irrevocably submits itself to and consents to the jurisdiction
    528 of the United States District Court for the Southern District of New
    529 York (or if such court lacks jurisdiction, the state courts of the
    530 State of New York) for the purposes of any action, claim, suit or
    531 proceeding between the Parties in connection with any controversy,
    532 claim, or dispute arising out of or relating to this Agreement; and
    533 (b) hereby waives, and agrees not to assert by way of motion, as a
    534 defense or otherwise, in any such action, claim, suit or proceeding,
    535 any claim that is not personally subject to the jurisdiction of such
    536 court(s), that the action, claim, suit or proceeding is brought in an
    537 inconvenient forum or that the venue of the action, claim, suit or
    538 proceeding is improper.  Notwithstanding the foregoing, nothing in
    539 this Section 13.10 is intended to, or shall be deemed to, constitute a
    540 submission or consent to, or selection of, jurisdiction, forum or
    541 venue for any action for patent infringement, whether or not such
    542 action relates to this Agreement.
     175Fax:  +1 650 551 1851
     176
     17713.9    Export Control
     178
     179Licensee 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.
     180
     18113.10   Governing Law and Legal Venue
     182
     183        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.
    543184
    544185
    54518613.11 No Implied License
    546187
    547 There are no implied licenses or other implied rights granted under
    548 this Agreement, and all rights, save for those expressly granted
    549 hereunder, shall remain with Nokia and its licensors.  In addition, no
    550 licenses or immunities are granted to the combination of the Licensed
    551 Software and/ Modified Software, as applicable, with any other
    552 software or hardware not delivered by Nokia under this Agreement.
     188There 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.
    553189
    55419013.11 Government End Users
    555191
    556 A "U.S. Government End User" shall mean any agency or entity of the
    557 government of the United States.  The following shall apply if
    558 Licensee is a U.S. Government End User.  The Licensed Software is a
    559 "commercial item," as that term is defined in 48 C.F.R. 2.101
    560 (Oct. 1995), consisting of "commercial computer software" and
    561 "commercial computer software documentation," as such terms are used
    562 in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R. 12.212
    563 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    564 U.S. Government End Users acquire the Licensed Software with only
    565 those rights set forth herein.  The Licensed Software (including
    566 related documentation) is provided to U.S. Government End Users: (a)
    567 only as a commercial end item; and (b) only pursuant to this
    568 Agreement.
    569 
    570 
     192A "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.
     193
     194
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    574199
    575200
    576 1. Parts of the Licensed Software that are permitted for distribution ("Redistributables"):
     2011. Parts of the Licensed Software that are permitted for distribution ("Redistributables")
    577202
    578203- The Licensed Software's main and plug-in libraries in object code form
    … …  
    584209
    585210
    586 2. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to:
     2112. Parts of the Licensed Software that are not permitted for distribution include, but are not limited to
    587212
    588213- The Licensed Software's source code and header files
    … …  
    594219- The Licensed Software's generator (only in the case of Qt Jambi if applicable)
    595220- The Licensed Software's Qt SDK
     221
     222
     223
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