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Third-Party_Notices.txt
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Parts of ParaView are under the following licenses:
ParaView License Version 1.2
========================================================================
Copyright (c) 2005-2008 Sandia Corporation, Kitware Inc.
Sandia National Laboratories, New Mexico
PO Box 5800
Albuquerque, NM 87185
Kitware Inc.
28 Corporate Drive
Clifton Park, NY 12065
USA
Under the terms of Contract DE-AC04-94AL85000, there is a
non-exclusive license for use of this work by or on behalf of the
U.S. Government.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
* Neither the name of Kitware nor the names of any contributors may
be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
Other licenses:
========================================================================
Copyright (c) 2000-2005 Kitware Inc. 28 Corporate Drive, Suite 204,
Clifton Park, NY, 12065, USA.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
* Neither the name of Kitware nor the names of any contributors may
be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
Copyright (c) 2002-2005 Los Alamos National Laboratory
This software and ancillary information known as vtk_ext (and herein
called "SOFTWARE") is made available under the terms described below.
The SOFTWARE has been approved for release with associated LA_CC
Number 99-44, granted by Los Alamos National Laboratory in July 1999.
Unless otherwise indicated, this SOFTWARE has been authored by an
employee or employees of the University of California, operator of the
Los Alamos National Laboratory under Contract No. W-7405-ENG-36 with
the United States Department of Energy.
The United States Government has rights to use, reproduce, and
distribute this SOFTWARE. The public may copy, distribute, prepare
derivative works and publicly display this SOFTWARE without charge,
provided that this Notice and any statement of authorship are
reproduced on all copies.
Neither the U. S. Government, the University of California, nor the
Advanced Computing Laboratory makes any warranty, either express or
implied, nor assumes any liability or responsibility for the use of
this SOFTWARE.
If SOFTWARE is modified to produce derivative works, such modified
SOFTWARE should be clearly marked, so as not to confuse it with the
version available from Los Alamos National Laboratory.
========================================================================
VTK License
========================================================================
Copyright (c) 2000-2006 Kitware Inc. 28 Corporate Drive, Suite 204,
Clifton Park, NY, 12065, USA.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
* Neither the name of Kitware nor the names of any contributors may
be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
HDF5 License
========================================================================
NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 by the Board of
Trustees of the University of Illinois All rights reserved.
Contributors: National Center for Supercomputing Applications (NCSA) at the
University of Illinois at Urbana-Champaign (UIUC), Lawrence Livermore National
Laboratory (LLNL), Sandia National Laboratories (SNL), Los Alamos National
Laboratory (LANL), Jean-loup Gailly and Mark Adler (gzip library).
Redistribution and use in source and binary forms, with or without
modification, are permitted for any purpose (including commercial purposes)
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the
documentation and/or materials provided with the distribution.
3. In addition, redistributions of modified forms of the source or binary
code must carry prominent notices stating that the original code was
changed and the date of the change.
4. All publications or advertising materials mentioning features or use of
this software are asked, but not required, to acknowledge that it was
developed by the National Center for Supercomputing Applications at the
University of Illinois at Urbana-Champaign and to credit the
contributors.
5. Neither the name of the University nor the names of the Contributors may
be used to endorse or promote products derived from this software without
specific prior written permission from the University or the
Contributors, as appropriate for the name(s) to be used.
6. THIS SOFTWARE IS PROVIDED BY THE UNIVERSITY AND THE CONTRIBUTORS "AS IS"
WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event
shall the University or the Contributors be liable for any damages
suffered by the users arising out of the use of this software, even if
advised of the possibility of such damage.
Portions of HDF5 were developed with support from the University of California,
Lawrence Livermore National Laboratory (UC LLNL). The following statement
applies to those portions of the product and must be retained in any
redistribution of source code, binaries, documentation, and/or accompanying
materials:
This work was partially produced at the University of California, Lawrence
Livermore National Laboratory (UC LLNL) under contract no. W-7405-ENG-48
(Contract 48) between the U.S. Department of Energy (DOE) and The Regents of
the University of California (University) for the operation of UC LLNL.
DISCLAIMER: This work was prepared as an account of work sponsored by an agency
of the United States Government. Neither the United States Government nor the
University of California nor any of their employees, makes any warranty,
express or implied, or assumes any liability or responsibility for the
accuracy, completeness, or usefulness of any information, apparatus, product,
or process disclosed, or represents that its use would not infringe privately-
owned rights. Reference herein to any specific commercial products, process, or
service by trade name, trademark, manufacturer, or otherwise, does not
necessarily constitute or imply its endorsement, recommendation, or favoring by
the United States Government or the University of California. The views and
opinions of authors expressed herein do not necessarily state or reflect those
of the United States Government or the University of California, and shall not
be used for advertising or product endorsement purposes.
========================================================================
Xdmf License
========================================================================
Copyright (c) 2002 U.S. Army Research Laboratory
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of the U.S. Army Research Laboratory nor the names
of any contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
* Modified source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
Protocol Buffer License
========================================================================
Copyright 2008, Google Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Code generated by the Protocol Buffer compiler is owned by the owner
of the input file used when generating it. This code is not
standalone and requires a support library to be linked with it. This
support library is itself covered by the above license.
========================================================================
NVD3 License
========================================================================
Copyright (c) 2011, 2012 [Novus Partners, Inc.][novus]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
https://www.novus.com/
========================================================================
D3 License
========================================================================
Copyright (c) 2012, Michael Bostock
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The name Michael Bostock may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL MICHAEL BOSTOCK BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
jQuery License
========================================================================
Copyright 2013 jQuery Foundation and other contributors
http://jquery.com/
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
========================================================================
jQuery UI License
========================================================================
Copyright (c) 2013 jQuery Foundation and other contributors Licensed MIT
========================================================================
Qt License
========================================================================
QT LICENSE AGREEMENT
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trade, exchange, loan, lease, rental or other distribution by or on behalf of
Licensee to a third party of Redistributables in connection with Devices
pursuant to license grant described in Section 3.3 of this Agreement.
"Distribution License Packs" shall mean set of prepaid Distribution Licenses
for distribution of Redistributables, as defined in The Qt Company's standard
price list, quote, Purchase Order confirmation or in an appendix hereto, as
the case may be.
"Intellectual Property Rights" shall mean patents (including utility models),
design patents, and designs (whether or not capable of registration), chip
topography rights and other like protection, copyrights, trademarks, service
marks, trade names, logos or other words or symbols and any other form of
statutory protection of any kind and applications for any of the foregoing as
well as any trade secrets.
"License Certificate" shall mean a certificate generated by The Qt Company for
each Designated User respectively upon them downloading the Licensed Software,
which will be available under respective Designated User's Qt Account at
account.qt.io. License Certificates will specify the Designated User, the
Development Platforms, Deployment Platforms and the License Term. Such terms
are considered part of the licenses granted hereunder and shall be updated
from time to time to reflect any agreed changes to the foregoing terms
relating to Designated User's rights to the Licensed Software.
"License Fee" shall mean the fee charged to the Licensee for rights granted
under the terms of this Agreement.
"License Term" shall mean the agreed validity period of the Development License
of the respective Designated User, during which time the Designated User is
entitled to use the Licensed Software, as set forth in the respective License
Certificate.
"Licensed Software" shall mean either
(i) Qt for Application Development or
(ii) Qt for Device Creation, and/or
(iii) Qt 3D Studio, and/or
(iv) Qt Design Studio, and/or
(v) Qt for MCUs, and/or
(vi) selected Add-on Products, if any,
depending on which product(s) the Licensee has purchased under this Agreement,
as well as corresponding online or electronic documentation, associated media
and printed materials, including the source code (where applicable), example
programs and the documentation, licensed to the Licensee under this Agreement.
Licensed Software does not include Third Party Software (as defined in Section
4) or Open Source Qt. The Qt Company may, in the course of its development
activities, at its free and absolute discretion and without any obligation to
send or publish any notifications to the Licensee or in general, make changes,
additions or deletions in the components and functionalities of the Licensed
Software, provided that no such changes, additions or deletions will affect
the already released version of the Licensed Software, but only upcoming
version(s).
"Licensee" shall mean the individual or legal entity that is party to this
Agreement, as identified on the signature page hereof.
"Licensee's Records" shall mean books and records that are likely to contain
information bearing on Licensee's compliance with this Agreement, Licensee's
use of Open Source Qt and/or the payments due to The Qt Company under this
Agreement, including, but not limited to user information, assembly logs,
sales records and distribution records.
"Modified Software" shall have the meaning as set forth in Section 2.3.
"Online Services" shall mean any services or access to systems made available
by The Qt Company to the Licensee over the Internet relating to the Licensed
Software or for the purpose of use by the Licensee of the Licensed Software or
Support. Use of any such Online Services is discretionary for the Licensee and
some of them may be subject to additional fees.
"Open Source Qt" shall mean the non-commercial Qt computer software products,
licensed under the terms of the GNU Lesser General Public License, version 2.1
or later ("LGPL") or the GNU General Public License, version 2.0 or later
("GPL"). For clarity, Open Source Qt shall not be provided nor governed under
this Agreement.
"Party" or "Parties" shall mean Licensee and/or The Qt Company.
"Permitted Combination" shall have the meaning as set forth in Section
3.4(viii).
"Pre-Release Code" shall have the meaning as set forth in Section 4.
"Prohibited Combination" shall mean any means to (i) use, combine, incorporate,
link or integrate Licensed Software with any software created with or
incorporating Open Source Qt, (ii) use Licensed Software for creation of any
software created with or incorporating Open Source Qt, or (iii) incorporate or
integrate Applications into a hardware device or product other than a Device.
"Qt 3D Studio" shall mean The Qt Company's productized offering, which consist
of all versions of modules and tools as set forth in Appendix 1.
"Qt Design Studio" shall mean The Qt Company's productized offering, which
consist of all versions of modules and tools as set forth in Appendix 1.
"Qt for Application Development" shall mean The Qt Company's productized
offering, which consist of all versions of modules and tools as set forth in
Appendix 1.
"Qt for Device Creation" shall mean The Qt Company's productized offering,
which consist of all versions of modules and tools as set forth in Appendix 1.
"Qt for MCUs" shall mean The Qt Company's productized offering, which consist
of all versions of modules and tools as set forth in Appendix 1.
"Redistributables" shall mean the portions of the Licensed Software set forth
in Appendix 1 that may be distributed pursuant to the terms of this Agreement
in object code form only, including any relevant documentation. Where
relevant, any reference to Licensed Software in this Agreement shall include
and refer also to Redistributables.
"Renewal Term" shall mean an extension of previous License Term as agreed
between the Parties.
"Submitted Modified Software" shall have the meaning as set forth in
Section 2.3.
"Support" shall mean standard developer support that is provided by The Qt
Company to assist Designated Users in using the Licensed Software in
accordance with The Qt Company's standard support terms available at
https://www.qt.io/terms-conditions/ and as further defined in Section 8
hereunder.
"Taxes" shall have the meaning set forth in Section 10.5.
"Term" shall have the meaning set forth in Section 12.
"The Qt Company" shall mean:
(i) in the event Licensee is an individual residing in the United
States or a legal entity incorporated in the United States or
having its headquarters in the United States, The Qt Company Inc.,
a Delaware corporation with its office at 2350 Mission College
Blvd., Suite 1020, Santa Clara, CA 95054, USA.; or
(ii) in the event the Licensee is an individual residing outside of the
United States or a legal entity incorporated outside of the United
States or having its registered office outside of the United
States, The Qt Company Ltd., a Finnish company with its registered
office at Bertel Jungin aukio D3A, 02600 Espoo, Finland.
"Third-Party Software" shall have the meaning set forth in Section 4.
"Updates" shall mean a release or version of the Licensed Software containing
bug fixes, error corrections and other changes that are generally made
available to users of the Licensed Software that have contracted for Support.
Updates are generally depicted as a change to the digits following the decimal
in the Licensed Software version number. The Qt Company shall make Updates
available to the Licensee under the Support. Updates shall be considered as
part of the Licensed Software hereunder.
"Upgrades" shall mean a release or version of the Licensed Software containing
enhancements and new features and are generally depicted as a change to the
first digit of the Licensed Software version number. In the event Upgrades are
provided to the Licensee under this Agreement, they shall be considered as
part of the Licensed Software hereunder.
2. OWNERSHIP
2.1. Ownership of The Qt Company
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.
All of The Qt Company's Intellectual Property Rights are and shall remain the
exclusive property of The Qt Company or its licensors respectively.
2.2. Ownership of Licensee
All the Licensee's Intellectual Property Rights are and shall remain the
exclusive property of the Licensee or its licensors respectively.
All Intellectual Property Rights to the Modified Software, Applications and
Devices shall remain with the Licensee and no rights thereto shall be granted
by the Licensee to The Qt Company under this Agreement (except as set forth in
Section 2.3 below).
2.3. Modified Software
Licensee may create bug-fixes, error corrections, patches or modifications to
the Licensed Software ("Modified Software"). Such Modified Software may break
the source or binary compatibility with the Licensed Software (including
without limitation through changing the application programming interfaces
("API") or by adding, changing or deleting any variable, method, or class
signature in the Licensed Software and/or any inter-process protocols,
services or standards in the Licensed Software libraries). To the extent that
Licensee's Modified Software so breaks source or binary compatibility with the
Licensed Software, Licensee acknowledges that The Qt Company's ability to
provide Support may be prevented or limited and Licensee's ability to make use
of Updates may be restricted.
Licensee may, at its sole and absolute discretion, choose to submit Modified
Software to The Qt Company ("Submitted Modified Software") in connection with
Licensee's Support request, service request or otherwise. In the event
Licensee does so, then, Licensee hereby grants The Qt Company a sublicensable,
assignable, irrevocable, perpetual, worldwide, non-exclusive, royalty-free and
fully paid-up license, under all of Licensee's Intellectual Property Rights,
to reproduce, adapt, translate, modify, and prepare derivative works of,
publicly display, publicly perform, sublicense, make available and distribute
such Submitted Modified Software as The Qt Company sees fit at its free and
absolute discretion.
3. LICENSES GRANTED
3.1. Development with Licensed Software
Subject to the terms of this Agreement, The Qt Company grants to Licensee a
worldwide, non-exclusive, non-transferable license, valid for the License
Term, to use, modify and copy the Licensed Software by Designated Users on the
Development Platforms for the sole purposes of designing, developing,
demonstrating and testing Application(s) and/or Devices, and to provide
thereto related support and other related services to end-user Customers.
Licensee may install copies of the Licensed Software on five (5) computers per
Designated User, provided that only the Designated Users who have a valid
Development License may use the Licensed Software.
Licensee may at any time designate another Designated User to replace a
then-current Designated User by notifying The Qt Company in writing, provided
that any Designated User may be replaced only once during any six-month period.
Upon expiry of the initially agreed License Term, the respective License Terms
shall be automatically extended to one or more Renewal Term(s), unless and
until either Party notifies the other Party in writing that it does not wish
to continue the License Term, such notification to be provided to the other
Party no less than ninety (90) days before expiry of the respective License
Term. Unless otherwise agreed between the Parties, Renewal Term shall be of
equal length with the initial License Term.
Any such Renewal Term shall be subject to License Fees agreed between the
Parties or, if no advance agreement exists, subject to The Qt Company's
standard pricing applicable at the commencement date of any such Renewal Term.
Any price or other term specified for a Renewal Term shall be valid only for
the specified time.
The Qt Company may request the Licensee to place a purchase order corresponding
to a quote by The Qt Company for the relevant Renewal Term.
In the event Licensee does not prevent auto-renewal pursuant the above, but a
Renewal Term is nevertheless not duly ordered within 30 days from the date of
the respective quote from The Qt Company and/or the respective License Fee
paid by due date specified in The Qt Company's respective invoice, The Qt
Company shall apply a reinstatement fee equal to ten percent (10 %) of the
total value of the License Fees of the Development Licenses for the expired
term to be added to the License Fee of the respective Renewal Term.
In the event Licensee chooses not to renew a Development License for a Renewal
Term by notifying The Qt Company thereof no less than ninety (90) days before
expiry of the respective License Term, Licensee may still reinstate such
expired Development Licenses for a Renewal Term subject to applicable renewal
Term License Fees until thirty (30) days from the expiry of the initially
agreed License Term or preceding Renewal Term. After such thirty (30) day
period a Development License shall be subject to applicable License Fees for a
new Development License and not any Renewal Term License Fees.
3.2. Distribution of Applications
Subject to the terms of this Agreement, The Qt Company grants to Licensee a
worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to
this Agreement) right and license, valid for the Term, to
(i) distribute, by itself or through its Contractors, Redistributables
as installed, incorporated or integrated into Applications for
execution on the Deployment Platforms, and
(ii) grant sublicenses to Redistributables, as distributed hereunder,
for Customers solely for Customer's internal use and to the extent
necessary in order for the Customers to use the Applications for
their respective intended purposes.
Right to distribute the Redistributables as part of an Application as provided
herein is not royalty-bearing but is conditional upon the Licensee not having
any unpaid License Fees for Development Licenses owed to The Qt Company at the
time of distribution of any Redistributables to Customers.
3.3. Distribution of Devices
Subject to the terms of this Agreement, The Qt Company grants to Licensee a
worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to
this Agreement) right and license, valid for the Term, to
(i) distribute, by itself or through one or more tiers of Contractors,
Redistributables as installed, incorporated or integrated, or
intended to be installed, incorporated or integrated into Devices
for execution on the Deployment Platforms, and
(ii) grant sublicenses to Redistributables, as distributed hereunder,
for Customers solely for Customer's internal use and to the extent
necessary in order for the Customers to use the Devices for their
respective intended purposes.
Right to distribute the Redistributables with Devices as provided herein is
conditional upon the Licensee (i) not having any unpaid License Fees for
Development Licenses owed to The Qt Company, and (ii) having purchased and
paid corresponding Distribution Licenses at the time of distribution of any
Redistributables to Customers.
3.4. Further Requirements
The licenses granted above in this Section 3 by The Qt Company to Licensee are
conditional and subject to Licensee's compliance with the following terms:
(i) Licensee shall not remove or alter any copyright, trademark or
other proprietary rights notice(s) contained in any portion of the
Licensed Software;
(ii) Applications must add primary and substantial functionality to the
Licensed Software so as not to compete with the Licensed Software;
(iii) Applications may not pass on functionality which in any way makes
it possible for others to create software with the Licensed
Software; provided however that Licensee may use the Licensed
Software's scripting and QML ("Qt Quick") functionality solely in
order to enable scripting, themes and styles that augment the
functionality and appearance of the Application(s) without adding
primary and substantial functionality to the Application(s);
(iv) Licensee shall not use Licensed Software in any manner or for any
purpose that infringes, misappropriates or otherwise violates any
Intellectual property or right of any third party, or that
violates any applicable law;
(v) Licensee shall not use The Qt Company's or any of its suppliers'
names, logos, or trademarks to market Applications, except that
Licensee may use "Built with Qt" logo to indicate that
Application(s) was developed using the Licensed Software;
(vi) Licensee shall not distribute, sublicense or disclose source code
of Licensed Software to any third party (provided however that
Licensee may appoint employee(s) of Contractors as Designated
Users to use Licensed Software pursuant to this Agreement). Such
right may be available for the Licensee subject to a separate
software development kit ("SDK") license agreement to be concluded
with The Qt Company;
(vii) Licensee shall not grant the Customers a right to (i) make copies
of the Redistributables except when and to the extent required to
use the Applications and/or Devices for their intended purpose,
(ii) modify the Redistributables or create derivative works
thereof, (iii) decompile, disassemble or otherwise reverse
engineer Redistributables, or (iv) redistribute any copy or
portion of the Redistributables to any third party, except as part
of the onward sale of the Device on which the Redistributables are
installed;
(viii) Licensee shall not and shall cause that its Affiliates or
Contractors shall not use Licensed Software in any Prohibited
Combination, unless Licensee has received an advance written
permission from The Qt Company to do so. Absent such written
permission, any and all distribution by the Licensee during the
Term of a hardware device or product a) which incorporate or
integrate any part of Licensed Software or Open Source Qt; or b)
where the main user interface or substantial functionality is
provided by software built with Licensed Software or Open Source
Qt or otherwise depends on the Licensed Software or Open Source
Qt, shall be considered to be Device distribution under this
Agreement and shall be dependent on Licensee's compliance thereof
(including but not limited to obligation to pay applicable License
Fees for such distribution). Notwithstanding what is provided
above in this sub-section (viii), Licensee is entitled to use and
combine Qt 3D Studio and/or Qt Design Studio with Open Source Qt
("Permitted Combination") for its internal evaluation purposes,
provided that Licensee shall in no way transfer, publish, disclose,
display or otherwise make available any software or work resulting
from such Permitted Combination;
(ix) Licensee shall cause all of its Affiliates and Contractors
entitled to make use of the licenses granted under this Agreement,
to be contractually bound to comply with the relevant terms of
this Agreement and not to use the Licensed Software beyond the
terms hereof and for any purposes other than operating within the
scope of their services for Licensee. Licensee shall be responsible
for any and all actions and omissions of its Affiliates and
Contractors relating to the Licensed Software and use thereof
(including but not limited to payment of all applicable License
Fees);
(x) Except when and to the extent explicitly provided in this Section
3, Licensee shall not transfer, publish, disclose, display or
otherwise make available the Licensed Software; and
(xi) Licensee shall not attempt or enlist a third party to conduct or
attempt to conduct any of the above.
Above terms shall not be applicable if and to the extent they conflict with
any mandatory provisions of any applicable laws.
Any use of Licensed Software beyond the provisions of this Agreement is
strictly prohibited and requires an additional license from The Qt Company.
4. THIRD-PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code
(collectively "Third-Party Software") to implement various functions.
Third-Party Software does not comprise part of the Licensed Software. In some
cases, access to Third-Party Software may be included with the Licensed
Software. Such Third-Party Software will be listed in the ".../src/3rdparty"
source tree delivered with the Licensed Software or documented in the Licensed
Software, as such may be amended from time to time. Licensee acknowledges that
use or distribution of Third-Party Software is in all respects subject to
applicable license terms of applicable third-party right holders.
5. PRE-RELEASE CODE
The Licensed Software may contain pre-release code and functionality, or sample
code marked or otherwise stated with appropriate designation such as
"Technology Preview", "Alpha", "Beta", "Sample" etc. ("Pre-Release Code").
Such Pre-Release Code may be present complimentary for the Licensee, in order
to provide experimental support or information for new platforms or preliminary
versions of one or more new functionalities or for other similar reasons. The
Pre-Release Code may not be at the level of performance and compatibility of a
final, generally available, product offering. The Pre-Release Code may not
operate correctly, may contain errors and may be substantially modified by The
Qt Company prior to the first commercial product release, if any. The Qt
Company is under no obligation to make Pre-Release Code commercially available,
or provide any Support or Updates relating thereto. The Qt Company assumes no
liability whatsoever regarding any Pre-Release Code, but any use thereof is
exclusively at Licensee's own risk and expense.
For clarity, unless Licensed Software specifies different license terms for the
respective Pre-Release Code, the Licensee is entitled to use such pre-release
code pursuant to Section 3, just like other Licensed Software, provided however
that in the event Add-on Products are included and available as such
Pre-Release Code, Licensee's right to use such Add-on Products is nevertheless
subject to and conditional upon conclusion of separate agreement with The Qt
Company.
6. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Qt Company hereby represents and warrants 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" and Licensee's exclusive remedy and The Qt Company's entire liability
for errors in the Licensed Software shall be limited, at The Qt Company's
option, to correction of the error, replacement of the Licensed Software or
return of the applicable fees paid for the defective Licensed Software for the
time period during which the License is not able to utilize the Licensed
Software under the terms of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QT COMPANY ON BEHALF OF
ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE. THE QT COMPANY DOES NOT
WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT
IT WILL OPERATE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE
UNINTERRUPTED.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1. Limitation of Liability
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II)
BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFIT,
LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND,
HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II)
BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT
EXCEED THE AGGREGATE LICENSE FEES PAID OR PAYABLE TO THE QT COMPANY FROM
LICENSEE DURING THE PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE
EVENT RESULTING IN SUCH LIABILITY.
THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT
BETWEEN THE QT COMPANY AND LICENSEE AND THE PARTIES HAVE RELIED UPON THE
LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS
AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LICENSEE SHALL
ALWAYS BE LIABLE TO PAY THE APPLICABLE LICENSE FEES CORRESPONDING TO ITS ACTUAL
USE OF LICENSED SOFTWARE.
8. SUPPORT, UPDATES AND ONLINE SERVICES
Upon due payment of the agreed License Fees the Licensee will be eligible to
receive Support and Updates and to use the Online Services during the License
Term, provided, however, that in the event the License Term is longer than 36
months, the initial payment includes Support for only the first 12 months,
unless the Parties specifically otherwise agree.
Unless otherwise decided by The Company at its free and absolute discretion,
Upgrades will not be included in the Support but may be available subject to
additional fees.
From time to time The Qt Company may change the Support terms, provided that
during the respective ongoing License Term the level of Support provided by The
Qt Company may not be reduced without the consent of the Licensee.
Unless otherwise agreed, The Qt Company shall not be responsible for providing
any service or support to Customers.
9. CONFIDENTIALITY
Each Party acknowledges that during the Term of this Agreement each Party may
receive 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 ("Confidential Information").
Accordingly, when a Party (the "Receiving Party") receives Confidential
Information from the other Party (the "Disclosing Party"), the Receiving Party
shall only disclose such information to employees and Contractors on a need to
know basis, and shall cause its employees and employees of its Affiliates to:
(i) maintain any and all Confidential Information in 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.
Obligation of confidentiality shall not apply to information that (i) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (ii) was in the Receiving Party's lawful possession prior to
the disclosure hereunder and was not subject to limitations on disclosure or
use; (iii) is developed independently by employees or Contractors of the
Receiving Party or other persons working for the Receiving Party who have not
had access to the Confidential Information of the Disclosing Party, as proven
by the written records of the Receiving Party; (iv) is lawfully disclosed to
the Receiving Party without restrictions, by a third party not under an
obligation of confidentiality; or (v) the Receiving Party is legally compelled
to disclose, in which case the Receiving Party shall notify the Disclosing
Party of such compelled disclosure and assert the privileged and confidential
nature of the information and cooperate fully with the Disclosing Party to
limit the scope of disclosure and the dissemination of disclosed Confidential
Information to the minimum extent necessary.
The obligations under this Section 9 shall continue to remain in force for a
period of five (5) years after the last disclosure, and, with respect to trade
secrets, for so long as such trade secrets are protected under applicable trade
secret laws.
10. FEES, DELIVERY AND PAYMENT
10.1. License Fees
License Fees are described in The Qt Company's standard price list, quote or
Purchase Order confirmation or in an appendix hereto, as the case may be.
The License Fees shall not be refunded or claimed as a credit in any event or
for any reason whatsoever.
10.2. Ordering Licenses
Licensee may purchase Development Licenses and Distribution Licenses pursuant
to agreed pricing terms or, if no specific pricing terms have been agreed upon,