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Revision 1.1 - (show annotations) (download)
Wed Jan 4 16:46:49 2006 UTC (8 years, 11 months ago) by carlo
Branch: MAIN
CVS Tags: HEAD
Yet another license.

1 C O I N P R O F E S S I O N A L E D I T I O N
2 L I C E N S E A G R E E M E N T V 2.0
3
4
5 Copyright (C) 1999-2004 Systems in Motion AS. All rights reserved.
6
7
8 S O F T W A R E C O V E R E D B Y T H I S L I C E N S E -
9 T H I R D P A R T Y L I A B R A R I E S
10
11 This License Agreement ("License") is between you ("Licensee") - either an
12 individual or a legal entity - and Systems in Motion AS ("SIM"). It pertains to
13 the Coin library and the associated GUI interface libraries (SoQt, SoWin, SoXt,
14 SoGTK, and Sc21) and the Dime and Profit libraries and simage, or parts thereof,
15 including the source code, example programs and the documentation
16 ("Documentation"). Certain exceptions to this are found, cf the information on
17 Third Party Libraries below.
18
19 The software referred to above may contain, or provide links to, third party
20 libraries or code (collectively "Third Party Libraries") to implement various
21 functions. Third Party Libraries are not prepared by or owned by SIM, and they
22 are not covered by this License. Any use of Third Party Libraries is entirely at
23 the risk and responsibility of Licensee.
24
25 Licensee acknowledges (1) that some Third Party Libraries may require additional
26 licensing of copyright and patents from the owners of such, and (2) that
27 distribution of any of the Licensed Software referencing any portion of a Third
28 Party Library may require appropriate licensing from such third parties.
29
30 An updated list of what Third Party libraries are included in the software
31 provided by SIM, and thus what software is not covered by this License, is
32 available at SIM's website:
33 http://www.sim.no/products/Coin3D/licensing/3rdPartyLibs/
34
35 When the term "Software" is used below in this License, it refers only to the
36 software covered by the License, and not the software that is part of the Third
37 Party Libraries.
38
39
40 B I N D I N G T E R M S - N E W V E R S I O N S
41
42 By installing, copying, or otherwise using the Software or Documentation,
43 Licensee agrees to be bound by the terms of this License. This paragraph does
44 not exclude Licensee from using the Software under the GPL or the Coin
45 Evaluation License, provided that the terms and conditions of the GPL or the
46 Coin Evaluation License are observed.
47
48 If SIM replaces this License Version 2.0 with a new Version during the term of
49 the License, Licensee shall be entitled to receive and use such new Version on
50 the terms and conditions then applicable to such new Version, without having to
51 pay further compensation. Licensee may choose to continue using this Version 2.0
52 instead, in which case the terms and conditions in this License shall apply for
53 the remainder of the License term. Receipt of a new Version and acceptance of
54 the licensing terms for such new Version, shall not in it self extend the term
55 of the initial License.
56
57 A "Version" of the Software refers to a release with a unique version number,
58 e.g. 1.0.0 and 1.0.1 being different Versions.
59
60
61 C O P Y R I G H T A N D R E S T R I C T I O N S
62
63 All intellectual property rights in the Software and Documentation are owned by
64 SIM, and are protected by Norwegian copyright laws, other applicable copyright
65 laws, and international treaty provisions. SIM reserves all rights not expressly
66 granted in this License. No title, property rights or copyright in the Software
67 or in any modifications to the Software or Documentation shall pass to Licensee
68 under any circumstances. Licensee may not loan, rent, lease, or license the
69 Software or any copy hereof, unless expressly provided for in this License.
70 Licensee may not alter or remove any details of ownership, copyright, trade mark
71 or other property right connected with the Software.
72
73 Licensee as an individual is granted a personal, nonexclusive, non-transferable
74 license to use the Software in the manner provided below. If Licensee is an
75 entity, SIM grants Licensee the right to designate one, and only one, individual
76 within Licensee's organization, who shall have the sole right to use the
77 Software in the manner provided below. The name of this individual must be
78 reported to SIM, and may be changed at any time, but not more frequently than
79 once every six months. The individual may also be a consultant, freelance
80 worker, or otherwise doing project-work for the company, as long as the Software
81 is only used in work for Licensee.
82
83
84 D U R A T I O N
85
86 This License is valid for one year from the date that SIM has sent out an order
87 confirmation. A renewal offer stating the terms and conditions for an extension
88 of the License will be sent to Licensee by SIM. If Licensee does not accept this
89 offer, or SIM chooses not to provide such offer, the License will expire at the
90 end of the one year period referred to above.
91
92 If the License expires, the rights to updates and support (subsections (6) and
93 (7) under "Licensee's rights" below) shall cease. Licensee retains the right to
94 create and distribute applications (as stated in subsections (1), (2), (3), (4)
95 and (5) under "Licensee's rights" below), but only for use of the last Version
96 of the Software that was released while the License was valid.
97
98
99 L I C E N S E E ' S R I G H T S
100
101 (1) Using and modifying the Software: Licensee may freely use and modify the
102 Software to develop any kind of product on any platform, except products which
103 would 1) compete directly with the Software or 2) pass on functionality which
104 makes it possible for others to create software competing with the Software.
105 Licensee may make and install copies of the Software on an unlimited number of
106 computers on any number of development platforms, provided that Licensee, or the
107 person designated by Licensee as the user in accordance with the section above,
108 is the only individual using the Software.
109
110 (2) Redistribution of the original Software: Licensee is granted a nonexclusive,
111 royalty-free right to redistribute the unchanged Software as part of Licensee's
112 own product in source or binary form, but only if the Software has in its
113 entirety been obtained under a valid Coin Professional Edition License or a Coin
114 Evaluation License.
115
116 (3) Distribution of modified Software: Licensee is granted a nonexclusive,
117 royalty-free right to copy and distribute Software which has been modified as
118 allowed under section (1) above, as part of his product. This can be done in one
119 of the following two ways: (a) in the form of source code patches to the
120 original unmodified Software; (b) in binary form, provided that the binary is
121 named in such a manner that it cannot be confused with the original Software.
122 Such copying and distribution may only take place if any and all modifications
123 to the original Software have in their entireties been developed by Licensee on
124 basis of and in accordance with the provisions of a valid Coin Professional
125 Edition License or a Coin Evaluation License.
126
127 (4) The right to distribution as referred to under (2) and (3) above also
128 applies to the Documentation, but only to the extent the Documentation is
129 distributed as an integrated part of the Software.
130
131 The right to distribute the Software as described under (2) and (3) above does
132 not authorize Licensee to give any third parties any rights to the Software,
133 except the right to use the Software or modified Software as an integrated part
134 of the products sold by Licensee.
135
136 (5) The above provisions do not exclude Licensee from re-distributing the
137 Software in accordance with the GPL, but in such case, the terms and conditions
138 of the GPL must be observed. If Licensee has made any modifications to the
139 Software under the GPL license, such modified Software must, if re-distributed,
140 either a) be re-distributed on the terms and conditions set by the GPL, or b) be
141 re-distributed under a Coin Professional Edition License, but so that a Coin
142 Professional Edition License must be purchased from SIM with retrospective
143 effect, meaning that all previous development work under the GPL which is
144 intended distributed must be paid for as if developed under the under the Coin
145 Professional Edition License. SIM is not obliged to sell such licenses with
146 retrospective effect, but may do so, at its own discretion.
147
148 (6) Upgrades: Licensee is granted the right to free upgrades to all new Versions
149 of the Software, through the www.coin3d.org website and/or the Coin CVS
150 repository for the duration of the License (one year), in accordance with SIM's
151 licensing terms and conditions then applicable to the upgrades.
152
153 (7) Support: Licensee has the right to prioritized email software developer
154 support with no additional cost for the duration of the License (one year).
155
156 Licensee's rights are non-exclusive.
157
158
159 P R I C E S A N D P A Y M E N T
160
161 As consideration for the rights given to Licensee under this License, Licensee
162 shall pay to SIM the license fees applicable at the time of ordering. The
163 License is not valid until such order has been placed with SIM, and SIM has
164 accepted the order in writing.
165
166
167 "A S I S" P U R C H A S E - D I S C L A I M E R O F
168 W A R R A N T IE S
169
170 THIS SOFTWARE IS PROVIDED "AS IS" AND EXCEPT AS SPECIFICALLY PROVIDED HEREIN,
171 SIM MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH
172 RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THEIR
173 QUALITY, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO
174 THE EXTENT THAT ANY WARRANTIES WOULD OTHERWISE BE IMPLIED BY LAW, SIM HEREBY
175 DISCLAIMS ALL SUCH WARRANTIES, AND LICENSEE ACCEPTS THAT NO SUCH WARRANTIES
176 SHALL APPLY.
177
178 Because software is inherently complex and cannot be expected to be free of
179 errors, Licensee is advised to verify his work and make backup copies where
180 appropriate. Any and all use of the Software or modified versions of the
181 Software is at the risk of Licensee.
182
183
184 L I M I T A T I O N O F L I A B I L I T Y
185
186 IF, SIM'S WARRANTY DISCLAIMER NOTWITHSTANDING, SIM IS HELD LIABLE TO LICENSEE,
187 ANY AWARD OF DAMAGES FROM SIM TO LICENSEE SHALL NOT EXCEED THE TOTAL AMOUNT THAT
188 LICENSEE HAS PAID TO SIM IN CONNECTION WITH THIS LICENSE. IN NO EVENT SHALL SIM
189 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
190 CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR
191 CORRUPTION OF DATA, AND LOSS OF PROFITS OR INTERRUPTION OF BUSINESS), HOWEVER
192 CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF
193 SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
194 OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
195 CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION SHALL APPLY TO THE
196 MAXIMUM EXTENT ALLOWED.
197
198
199 V E R I F I C A T I O N
200
201 SIM may, upon its reasonable request and at its expense, audit Licensee with
202 respect to the use of the Licensed Software. Any such audit shall be conducted
203 during regular business hours at Licensee's facilities and shall not
204 unreasonably interfere with Licensee's business activities. SIM will not remove,
205 copy, or redistribute any electronic material during the course of an audit. If
206 an audit reveals that Licensee is using the Licensed Software in a way that is
207 in material violation of the terms of the License, then Licensee shall pay SIM's
208 reasonable costs of conducting the audit. In the case of a material violation,
209 Licensee agrees to pay SIM any amounts owing that are attributable to the
210 unauthorized use. In the alternative, SIM reserves the right, at SIM's sole
211 option, to terminate the licenses for the Licensed Software.
212
213
214 T E R M I N A T I O N
215
216 SIM may terminate the License at any time immediately upon written notice by SIM
217 to Licensee if Licensee breaches this License, fails to pay the fees for the
218 Licensed Software, or infringes SIM's intellectual property in or to the
219 Licensed Software. Upon termination of the Licenses, Licensee shall return to
220 SIM all copies of Licensed Software that were supplied by SIM. All other copies
221 of Licensed Software in the possession or control of Licensee must be erased or
222 destroyed. An officer of Licensee must promptly deliver to SIM a written
223 confirmation that this has occurred.
224
225
226 E N T I R E C O N T R A C T A N D S E V E R A B I L I T Y
227
228 This License represents the complete agreement concerning subject matter hereof.
229 If any provision of this License is held to be unenforceable, such provision
230 shall be reformed only to the extent necessary to make it enforceable. The
231 remainder will remain valid and enforceable according to its terms.
232
233
234 G O V E R N I N G L A W A N D D I S P U T E S
235
236 This License shall be governed by Norwegian law. Unless otherwise agreed in
237 writing, all disputes arising out of or in connection with this License shall be
238 brought before the Oslo City Court as the exclusive legal venue.
239
240 In addition, SIM shall be entitled to seek interlocutory injunctions in any
241 court of law worldwide, to the extent allowed by the procedural law of the
242 relevant jurisdiction.

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