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

1 carlo 1.1 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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