Changeset 846 for trunk/.LICENSE-ALLOS-US

Timestamp:

May 5, 2011, 5:36:53 AM (15 years ago)

Author:

Dmitry A. Kuminov

Message:

trunk: Merged in qt 4.7.2 sources from branches/vendor/nokia/qt.

Location:

trunk

Files:

• . (modified) (1 prop)
• .LICENSE-ALLOS-US (modified) (13 diffs)

trunk/.LICENSE-ALLOS-US

@@ -1 +1 @@
 Qt All Operating Systems Commercial Developer License Agreement
-Agreement version 1.2
+Agreement version 1.
 
 
@@ -24 +24 @@
 "Modified Software" shall mean modifications made to the Licensed Software by Licensee.
 
-"Party" or "Parties" shall mean Licensee and/or Nokia.
+"PartyParties" shall mean Licensee and/or Nokia.
 
 "Platforms" shall mean the operating system(s) listed in the License Certificate. 
@@ -39 +39 @@
 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.
+.  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.
+Some of the files in the Licensed Software have been grouped into odules 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.
  
 
@@ -78 +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.
 
-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 or Symbian, provided the core functionality of the device does not depend on either the Licensed Software or the Application. 
+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
 
 5.3     Further Requirements
@@ -87 +87 @@
 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.
+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.  In the alternative, Nokia reserves the right, at Nokia's sole option, to terminate the licenses for the Licensed Software.
 
 
@@ -97 +97 @@
 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.
+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  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, 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.
@@ -123 +123 @@
 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. 
+"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 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.
@@ -137 +137 @@
 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.
+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 
@@ -170 +170 @@
 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
+Nokia, Inc.
+555 Twin Dolphin Drive, Suite 280
+Redwood City, CA 94065 U.S.A.
+Fax:  +1 650 551 1851
 
 13.9    Export Control
@@ -186 +186 @@
 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.
+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
@@ -193 +193 @@
 
 
-THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
-
+_____________
 
 Appendix 1
@@ -207 +206 @@
 - The Licensed Software's designer tool ("Qt Designer")
 - The Licensed Software's IDE tool ("Qt Creator")
+
+
 
 
@@ -220 +221 @@
 - The Licensed Software's Qt SDK
 
-
-