source: branches/vendor/trolltech/qt/current/.LICENSE-EVALUATION @ 2

Last change on this file since 2 was 2, checked in by Dmitry A. Kuminov, 12 years ago

Initially imported qt-all-opensource-src-4.5.1 from Trolltech.

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1EVALUATION LICENSE AGREEMENT
2Agreement version 2.0
3
4This Evaluation License Agreement ("Agreement") is a legal agreement
5between Nokia Corporation ("Nokia"), with its registered office at
6Keilalahdentie 4, 02150 Espoo, Finland and you (either an individual
7or a legal entity) ("Licensee") for the Licensed Software.
8
91.DEFINITIONS
10
11"Affiliate" of a Party shall mean an entity (i) which is directly or
12indirectly controlling such Party; (ii) which is under the same direct
13or indirect ownership or control as such Party; or (iii) which is
14directly or indirectly owned or controlled by such Party.  For these
15purposes, an entity shall be treated as being controlled by another if
16that other entity has fifty percent (50 %) or more of the votes in
17such entity, is able to direct its affairs and/or to control the
18composition of its board of directors or equivalent body.
19
20"Term" shall mean the period of time thirty (30) days from the later
21of (a) the Effective Date; or (b) the date the Licensed Software was
22initially delivered to Licensee by Nokia.  If no specific Effective
23Date is set forth in the Agreement, the Effective Date shall be deemed
24to be the date the Licensed Software was initially delivered to
25Licensee.
26
27"Licensed Software" shall mean the computer software, "online" or
28electronic documentation, associated media and printed materials,
29including the source code, example programs and the documentation
30delivered by Nokia to Licensee in conjunction with this Agreement.
31
32"Party or Parties" shall mean Licensee and/or Nokia.
33
34
352.OWNERSHIP
36
37The Licensed Software is protected by copyright laws and international
38copyright treaties, as well as other intellectual property laws and
39treaties. The Licensed Software is licensed, not sold.
40
41If Licensee provides any findings, proposals, suggestions or other
42feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
43shall own all right, title and interest including the intellectual
44property rights in and to such Feedback, excluding however any
45existing patent rights of Licensee. To the extent Licensee owns or
46controls any patents for such Feedback Licensee hereby grants to Nokia
47and its Affiliates, a worldwide, perpetual, non-transferable,
48sublicensable, royalty-free license to (i) use, copy and modify
49Feedback and to create derivative works thereof, (ii) to make (and
50have made), use, import, sell, offer for sale, lease, dispose, offer
51for disposal or otherwise exploit any products or services of Nokia
52containing Feedback,, and (iii) sublicense all the foregoing rights to
53third party licensees and customers of Nokia and/or its Affiliates.
54
55
563.VALIDITY OF THE AGREEMENT
57
58By installing, copying, or otherwise using the Licensed Software,
59Licensee agrees to be bound by the terms of this Agreement. If
60Licensee does not agree to the terms of this Agreement, Licensee may
61not install, copy, or otherwise use the Licensed Software. Upon
62Licensee's acceptance of the terms and conditions of this Agreement,
63Nokia grants Licensee the right to use the Licensed Software in the
64manner provided below.
65
66
674.LICENSES
68
694.1.Using and Copying
70
71Nokia grants to Licensee a non-exclusive, non-transferable,
72time-limited license to use and copy the Licensed Software for sole
73purpose of evaluating the Licensed Software during the Term.
74
75Licensee may install copies of the Licensed Software on an unlimited
76number of computers provided that (a) if an individual, only such
77individual; or (b) if a legal entity only its employees; use the
78Licensed Software for the authorized purposes.
79
804.2.No Distribution or Modifications
81
82Licensee may not disclose, modify, sell, market, commercialise,
83distribute, loan, rent, lease, or license the Licensed Software or any
84copy of it or use the Licensed Software for any purpose that is not
85expressly granted in this Section 4. Licensee may not alter or remove
86any details of ownership, copyright, trademark or other property right
87connected with the Licensed Software. Licensee may not distribute any
88software statically or dynamically linked with the Licensed Software.
89
904.3.No Technical Support
91
92Nokia has no obligation to furnish Licensee with any technical support
93whatsoever. Any such support is subject to separate agreement between
94the Parties.
95
96
975.THIRD PARTY SOFTWARE
98
99The Licensed Software may provide links to third party libraries or
100code (collectively "Third Party Software") to implement various
101functions.  Third Party Software does not comprise part of the
102Licensed Software. In some cases, access to Third Party Software may
103be included along with the Licensed Software delivery as a convenience
104for development and testing only. Such source code and libraries may
105be listed in the ".../src/3rdparty" source tree delivered with the
106Licensed Software or documented in the Licensed Software where the
107Third Party Software is used, as may be amended from time to time, do
108not comprise the Licensed Software.  Licensee acknowledges (1) that
109some part of Third Party Software may require additional licensing of
110copyright and patents from the owners of such, and (2) that
111distribution of any of the Licensed Software referencing any portion
112of a Third Party Software may require appropriate licensing from such
113third parties.
114
115
1166.Limited Warranty and Warranty Disclaimer
117
118The Licensed Software is licensed to Licensee "as is". To the maximum
119extent permitted by applicable law, Nokia on behalf of itself and its
120suppliers, disclaims all warranties and conditions, either express or
121implied, including, but not limited to, implied warranties of
122merchantability, fitness for a particular purpose, title and
123non-infringement with regard to the Licensed Software.
124
125
1267.Limitation of Liability
127
128If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable
129to Licensee, whether in contract, tort or any other legal theory,
130based on the Licensed Software, Nokia's entire liability to Licensee
131and Licensee's exclusive remedy shall be, at Nokia's option, either
132(A) return of the price Licensee paid for the Licensed Software, or
133(B) repair or replacement of the Licensed Software, provided Licensee
134returns to Nokia all copies of the Licensed Software as originally
135delivered to Licensee. Nokia shall not under any circumstances be
136liable to Licensee based on failure of the Licensed Software if the
137failure resulted from accident, abuse or misapplication, nor shall
138Nokia under any circumstances be liable for special damages, punitive
139or exemplary damages, damages for loss of profits or interruption of
140business or for loss or corruption of data. Any award of damages from
141Nokia to Licensee shall not exceed the total amount Licensee has paid
142to Nokia in connection with this Agreement.
143
144
1458. CONFIDENTIALITY
146
147Each party acknowledges that during the Term of this Agreement it
148shall have access to information about the other party's business,
149business methods, business plans, customers, business relations,
150technology, and other information, including the terms of this
151Agreement, that is confidential and of great value to the other party,
152and the value of which would be significantly reduced if disclosed to
153third parties (the "Confidential Information"). Accordingly, when a
154party (the "Receiving Party") receives Confidential Information from
155another party (the "Disclosing Party"), the Receiving Party shall, and
156shall obligate its employees and agents and employees and agents of
157its Affiliates to: (i) maintain the Confidential Information in strict
158confidence; (ii) not disclose the Confidential Information to a third
159party without the Disclosing Party's prior written approval; and (iii)
160not, directly or indirectly, use the Confidential Information for any
161purpose other than for exercising its rights and fulfilling its
162responsibilities pursuant to this Agreement. Each party shall take
163reasonable measures to protect the Confidential Information of the
164other party, which measures shall not be less than the measures taken
165by such party to protect its own confidential and proprietary
166information.
167
168"Confidential Information" shall not include information that (a) is
169or becomes generally known to the public through no act or omission of
170the Receiving Party; (b) was in the Receiving Party's lawful
171possession prior to the disclosure hereunder and was not subject to
172limitations on disclosure or use; (c) is developed by the Receiving
173Party without access to the Confidential Information of the Disclosing
174Party or by persons who have not had access to the Confidential
175Information of the Disclosing Party as proven by the written records
176of the Receiving Party; (d) is lawfully disclosed to the Receiving
177Party without restrictions, by a third party not under an obligation
178of confidentiality; or (e) the Receiving Party is legally compelled to
179disclose the information, in which case the Receiving Party shall
180assert the privileged and confidential nature of the information and
181cooperate fully with the Disclosing Party to protect against and
182prevent disclosure of any Confidential Information and to limit the
183scope of disclosure and the dissemination of disclosed Confidential
184Information by all legally available means.
185
186The obligations of the Receiving Party under this Section shall
187continue during the Initial Term and for a period of five (5) years
188after expiration or termination of this Agreement.  To the extent that
189the terms of the Non-Disclosure Agreement between Nokia and Licensee
190conflict with the terms of this Section 8, this Section 8 shall be
191controlling over the terms of the Non-Disclosure Agreement.
192
193
1949. GENERAL PROVISIONS
195
1969.1.No Assignment
197
198Licensee shall not be entitled to assign or transfer all or any of its
199rights, benefits and obligations under this Agreement without the
200prior written consent of Nokia, which shall not be unreasonably
201withheld.
202
2039.2.Termination
204
205Nokia may terminate the Agreement at any time immediately upon written
206notice by Nokia to Licensee if Licensee breaches this Agreement.
207
208Upon termination of this Agreement, Licensee shall return to Nokia all
209copies of Licensed Software that were supplied by Nokia. All other
210copies of Licensed Software in the possession or control of Licensee
211must be erased or destroyed.  An officer of Licensee must promptly
212deliver to Nokia a written confirmation that this has occurred.
213
2149.3.Surviving Sections
215
216Any terms and conditions that by their nature or otherwise reasonably
217should survive a cancellation or termination of this Agreement shall
218also be deemed to survive.  Such terms and conditions include, but are
219not limited to the following Sections: 2, 5, 6, 7, 8, 9.2, 9.3, 9.4,
2209.5, 9.6, 9.7, and 9.8 of this Agreement.
221
2229.4.Entire Agreement
223
224This Agreement constitutes the complete agreement between the parties
225and supersedes all prior or contemporaneous discussions,
226representations, and proposals, written or oral, with respect to the
227subject matters discussed herein, with the exception of the
228non-disclosure agreement executed by the parties in connection with
229this Agreement ("Non-Disclosure Agreement"), if any, shall be subject
230to Section 8. No modification of this Agreement shall be effective
231unless contained in a writing executed by an authorized representative
232of each party. No term or condition contained in Licensee's purchase
233order shall apply unless expressly accepted by Nokia in writing. If
234any provision of the Agreement is found void or unenforceable, the
235remainder shall remain valid and enforceable according to its
236terms. If any remedy provided is determined to have failed for its
237essential purpose, all limitations of liability and exclusions of
238damages set forth in this Agreement shall remain in effect.
239
2409.5.Export Control
241
242Licensee acknowledges that the Licensed Software may be subject to
243export control restrictions of various countries.  Licensee shall
244fully comply with all applicable export license restrictions and
245requirements as well as with all laws and regulations relating to the
246importation of the Licensed Software and shall procure all necessary
247governmental authorizations, including without limitation, all
248necessary licenses, approvals, permissions or consents, where
249necessary for the re-exportation of the Licensed Software.,
250
2519.6.Governing Law and Legal Venue
252
253This Agreement shall be construed and interpreted in accordance with
254the laws of Finland, excluding its choice of law provisions. Any
255disputes arising out of or relating to this Agreement shall be
256resolved in arbitration under the Rules of Arbitration of the Chamber
257of Commerce of Helsinki, Finland. The arbitration tribunal shall
258consist of one (1), or if either Party so requires, of three (3),
259arbitrators. The award shall be final and binding and enforceable in
260any court of competent jurisdiction. The arbitration shall be held in
261Helsinki, Finland and the process shall be conducted in the English
262language.
263
2649.7.No Implied License
265
266There are no implied licenses or other implied rights granted under
267this Agreement, and all rights, save for those expressly granted
268hereunder, shall remain with Nokia and its licensors.  In addition, no
269licenses or immunities are granted to the combination of the Licensed
270Software with any other software or hardware not delivered by Nokia
271under this Agreement.
272
2739.8.Government End Users
274
275A "U.S. Government End User" shall mean any agency or entity of the
276government of the United States.  The following shall apply if
277Licensee is a U.S. Government End User.  The Licensed Software is a
278"commercial item," as that term is defined in 48 C.F.R. 2.101
279(Oct. 1995), consisting of "commercial computer software" and
280"commercial computer software documentation," as such terms are used
281in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R. 12.212
282and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
283U.S. Government End Users acquire the Licensed Software with only
284those rights set forth herein.  The Licensed Software (including
285related documentation) is provided to U.S. Government End Users: (a)
286only as a commercial end item; and (b) only pursuant to this
287Agreement.
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