| 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.
|
Parent Directory
| 
Revision Log