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Fix falling unit test
Fix falling unit test
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 r917 QT COMMERCIAL ALL OPERATING SYSTEMS DEVELOPER LICENSE AGREEMENT
Agreement version 1.3.1
This Qt Commercial All Operating Systems Developer License Agreement
("Agreement") is a legal agreement between Digia Finland Ltd ("Digia") with its
registered office at Valimotie 21, FI-00380 Helsinki, Finland, and you (either
an individual or a legal entity) ("Licensee") for the Licensed Software (as
defined below).
1. DEFINITIONS
"Affiliate" of a Party shall mean an entity (i) which is directly or indirectly
controlling such Party; (ii) which is under the same direct or indirect
ownership or control as such Party; or (iii) which is directly or indirectly
owned or controlled by such Party. For these purposes, an entity shall be
treated as being controlled by another if that other entity has fifty percent
(50 %) or more of the votes in such entity, is able to direct its affairs and/or
to control the composition of its board of directors or equivalent body.
"Applications" shall mean Licensee's software products created using the
Licensed Software which may include portions of the Licensed Software.
"Deployment Platforms" shall mean the Embedded Linux and Windows(R) CE operating
system(s).
"Designated User(s)" shall mean the employee(s) of Licensee acting within the
scope of their employment or Licensee's consultant(s) or contractor(s) acting
within the scope of their services for Licensee and on behalf of Licensee.
"Initial Term" shall mean the period of time one (1) year from the later of (a)
the Effective Date; or (b) the date the Licensed Software was initially
delivered to Licensee by Digia. If no specific Effective Date is set forth in
the Agreement, the Effective Date shall be deemed to be the date the Licensed
Software was initially delivered to Licensee.
"License Certificate" shall mean the document accompanying the Licensed Software
which specifies the modules which are licensed under the Agreement, Platforms
and Designated Users.
"Licensed Software" shall mean the computer software, "online" or electronic
documentation, associated media and printed materials, including the source
code, example programs and the documentation delivered by Digia to Licensee in
conjunction with this Agreement. Licensed Software does not include Third Party
Software (as defined in Section 7).
"Modified Software" shall mean modifications made to the Licensed Software by
Licensee.
"Party or Parties" shall mean Licensee and/or Digia.
"Platforms" shall mean the operating system(s) listed in the License
Certificate.
"Redistributables" shall mean the portions of the Licensed Software set forth in
Appendix 1, Section 1 that may be distributed with or as part of Applications in
object code form.
"Support" shall mean standard developer support that is provided by Digia to
assist eligible Designated Users in using the Licensed Software in accordance
with its established standard support procedures listed at: http://qt.digia.com.
"Updates" shall mean a release or version of the Licensed Software containing
enhancements, new features, bug fixes, error corrections and other changes that
are generally made available to users of the Licensed Software that have
contracted for maintenance and support.
2. OWNERSHIP
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.
To the extent Licensee submits bug fixes or error corrections, including
information related thereto, Licensee hereby grants to Digia a sublicensable,
irrevocable, perpetual, worldwide, non-exclusive, royalty-free and fully paid-up
copyright and trade secret license to reproduce, adapt, translate, modify, and
prepare derivative works of, publicly display, publicly perform, sublicense,
make available and distribute error corrections and bug fixes, including
derivative works thereof. All Digia's and/or its licensors' trademarks, service
marks, trade names, logos or other words or symbols are and shall remain the
exclusive property of Digia or its licensors respectively.
3. MODULES
Some of the files in the Licensed Software have been grouped into modules.
These files contain specific notices defining the module of which they are a
part. The modules licensed to Licensee are specified in the License Certificate
accompanying the Licensed Software. The terms of the License Certificate are
considered part of the Agreement. In the event of inconsistency or conflict
between the language of this Agreement and the License Certificate, the
provisions of this Agreement shall govern.
4. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software, Licensee
agrees to be bound by the terms of this Agreement. If Licensee does not agree
to the terms of this Agreement, Licensee should not install, copy, or otherwise
use the Licensed Software. In addition, by installing, copying, or otherwise
using any Updates or other components of the Licensed Software that Licensee
receives separately as part of the Licensed Software, Licensee agrees to be
bound by any additional license terms that accompany such Updates, if any. If
Licensee does not agree to the additional license terms that accompany such
Updates, Licensee should not install, copy, or otherwise use such Updates.
Upon Licensee's acceptance of the terms and conditions of this Agreement, Digia
grants Licensee the right to use the Licensed Software in the manner provided
below.
5. LICENSES
5.1 Using, Modifying and Copying
Digia grants to Licensee a non-exclusive, non-transferable, perpetual license to
use, modify and copy the Licensed Software for Designated Users specified in the
License Certificate for the sole purposes of:
(i) designing, developing, and testing Application(s);
(ii) modifying the Licensed Software as limited by section 8 below; and
(iii) compiling the Licensed Software and/or Modified Software source code into
object code.
Licensee may install copies of the Licensed Software on an unlimited number of
computers provided that only the Designated Users use the Licensed Software.
Licensee may at any time designate another Designated User to replace a
then-current Designated User by notifying Digia, provided that a) the
then-current Designated User has not been designated as a replacement during the
last six (6) months; and b) there is no more than the specified number of
Designated Users at any given time.
5.2 Limited Redistribution
a) Digia grants Licensee a non-exclusive, royalty-free right to reproduce and
distribute the object code form of Redistributables (listed in Appendix 1,
Section 1) for execution on the specified Platforms, excluding the Deployment
Platforms. Copies of Redistributables may only be distributed with and for the
sole purpose of executing Applications permitted under this Agreement that
Licensee has created using the Licensed Software. Under no circumstances may
any copies of Redistributables be distributed separately. This Agreement does
not give Licensee any rights to distribute any of the parts of the Licensed
Software listed in Appendix 1, Section 2, neither as a whole nor as parts or
snippets of code.
b) Licensee may not distribute, transfer, assign or otherwise dispose of
Applications and/or Redistributables, in binary/compiled form, or in any other
form, if such action is part of a joint software and hardware distribution,
except as provided by a separate runtime distribution license with Digia or one
of its authorized distributors. A joint hardware and software distribution
shall be defined as either:
(i) distribution of a hardware device where, in its final end user
configuration, the main user interface of the device is provided by
Application(s) created by Licensee or others, using a commercial version of a Qt
Commercial or Qt Commercial-based product, and depends on the Licensed Software
or an open source version of any Qt Commercial or Qt Commercial-based software
product; or
(ii) distribution of the Licensed Software with a device designed to facilitate
the installation of the Licensed Software onto the same device where the main
user interface of such device is provided by Application(s) created by Licensee
or others, using a commercial version of a Qt Commercial or Qt Commercial-based
product, and depends on the Licensed Software.
c) Licensee's distribution of Licensed Software and/or Modified Software or
Application(s) on Deployment Platforms requires a separate distribution license
from Digia. Notwithstanding the above limitation, Licensee may distribute the
Application(s) in binary/compiled form onto devices running Windows CE provided
the core functionality of the device does not depend on the Application(s).
5.3 Further Requirements
The Licensee is prohibited for using the Licensed Software for development of
mobile phones, telecommunications devices or tablet devices focused at end-user
consumers. The licenses granted in this Section 5 by Digia to Licensee are
subject to Licensee's compliance with Section 8 of this Agreement.
6. VERIFICATION
Digia or a certified auditor on Digia's behalf, may, upon its reasonable request
and at its expense, audit Licensee with respect to the use of the Licensed
Software. Such audit may be conducted by mail, electronic means or through an
in-person visit to Licensee's place of business. Any such in-person audit shall
be conducted during regular business hours at Licensee's facilities and shall
not unreasonably interfere with Licensee's business activities. Digia will not
remove, copy, or redistribute any electronic material during the course of an
audit. If an audit reveals that Licensee is using the Licensed Software in a
way that is in material violation of the terms of the Agreement, then Licensee
shall pay Digia's reasonable costs of conducting the audit. In the case of a
material violation, Licensee agrees to pay Digia any amounts owing that are
attributable to the unauthorized use. In the alternative, Digia reserves the
right, at Digia's sole option, to terminate the licenses for the Licensed
Software.
7. 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 along with the Licensed Software
delivery as a convenience for development and testing only. Such source code
and libraries may be listed in the ".../src/3rdparty" source tree delivered with
the Licensed Software or documented in the Licensed Software where the Third
Party Software is used, as may be amended from time to time, do not comprise the
Licensed Software. Licensee acknowledges (i) that some part of Third Party
Software may require additional licensing of copyright and patents from the
owners of such, and (ii) that distribution of any of the Licensed Software
referencing any portion of a Third Party Software may require appropriate
licensing from such third parties.
8. CONDITIONS FOR CREATING APPLICATIONS
The licenses granted in this Agreement for Licensee to create, modify and
distribute Applications is subject to all of the following conditions: (i) all
copies of the Applications Licensee creates must bear a valid copyright notice
either Licensee's own or the copyright notice that appears on the Licensed
Software; (ii) Licensee may not remove or alter any copyright, trademark or
other proprietary rights notice contained in any portion of the Licensed
Software including but not limited to the About Boxes; (iii) Licensee will
indemnify and hold Digia, its Affiliates, contractors, and its suppliers,
harmless from and against any claims or liabilities arising out of the use,
reproduction or distribution of Applications; (iv) Applications must be
developed using a licensed, registered copy of the Licensed Software; (v)
Applications must add primary and substantial functionality to the Licensed
Software; (vi) Applications may not pass on functionality which in any way makes
it possible for others to create software with the Licensed Software; however
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); (vii) Licensee may
create Modified Software that breaks the source or binary compatibility with the
Licensed Software. This includes, but is not limited to, changing the
application programming interfaces ("API") by adding, changing or deleting any
variable, method, or class signature in the Licensed Software, the inter-process
QCop specification, and/or any inter-process protocols, services or standards in
the Licensed Software libraries. To the extent that Licensee breaks source or
binary compatibility with the Licensed Software, Licensee acknowledges that
Digia's ability to provide Support may be prevented or limited and Licensee's
ability to make use of Updates may be restricted; (viii) Applications may not
compete with the Licensed Software; (ix) Licensee may not use Digia's or any of
its suppliers' names, logos, or trademarks to market Applications, except to
state that Licensee's Application(s) was developed using the Licensed Software.
NOTE: The Open Source Editions of Qt products and the Qt, Qtopia and Qt Extended
versions previously licensed by Trolltech (collectively referred to as
"Products") are licensed under the terms of the GNU Lesser General Public
License version 2.1 ("LGPL") and/or the GNU General Public License versions 2.0
and 3.0 ("GPL") (as applicable) and not under this Agreement. If Licensee, or
another third party, has, at any time, developed all (or any portions of) the
Application(s) using a version of one of these Products licensed under the LGPL
or the GPL, Licensee may not combine such development work with the Licensed
Software and must license such Application(s) (or any portions derived there
from) under the terms of the GNU Lesser General Public License version 2.1 (Qt
only) or GNU General Public License version 2.0 (Qt, Qtopia and Qt Extended) or
version 3 (Qt only) copies of which are located at
http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html,
http://www.fsf.org/licensing/licenses/info/GPLv2.html, and
http://www.gnu.org/copyleft/gpl.html.
9. LIMITED WARRANTY AND WARRANTY DISCLAIMER
Digia hereby represents and warrants with respect to the Licensed Software 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". To the maximum extent permitted by applicable
law, Digia on behalf of itself and its suppliers, disclaims all warranties and
conditions, either express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.
10. LIMITATION OF LIABILITY
If, Digia's warranty disclaimer notwithstanding, Digia is held to be liable to
Licensee whether in contract, tort, or any other legal theory, based on the
Licensed Software, Digia's entire liability to Licensee and Licensee's exclusive
remedy shall be, at Digia's option, either (a) return of the price Licensee paid
for the Licensed Software, or (b) repair or replacement of the Licensed
Software, provided Licensee returns to Digia all copies of the Licensed Software
as originally delivered to Licensee. Digia shall not under any circumstances be
liable to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Digia, under any
circumstances, be liable for special damages, punitive or exemplary damages,
damages for loss of profits or interruption of business or for loss or
corruption of data. Any award of damages from Digia to Licensee shall not
exceed the total amount Licensee has paid to Digia in connection with this
Agreement.
11. SUPPORT AND UPDATES
Licensee will be eligible to receive Support and Updates during the Initial
Term, in accordance with Digia's then current policies and procedures, if any.
Such policies and procedures may be changed from time to time. Following the
Initial Term, Digia shall no longer make the Licensed Software available to
Licensee unless Licensee purchases additional Support and Updates according to
this Section 11 below.
Licensee may purchase additional Support and Updates following the Initial Term
at Digia's terms and conditions applicable at the time of renewal.
12. CONFIDENTIALITY
Each party acknowledges that during the Initial Term of this Agreement it shall
have access to 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 (the "Confidential Information").
Accordingly, when a party (the "Receiving Party") receives Confidential
Information from another party (the "Disclosing Party"), the Receiving Party
shall, and shall obligate its employees and agents and employees and agents of
its affiliates to: (i) maintain the Confidential Information in strict
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.
"Confidential Information" shall not include information that (a) is or becomes
generally known to the public through no act or omission of the Receiving Party;
(b) was in the Receiving Party's lawful possession prior to the disclosure
hereunder and was not subject to limitations on disclosure or use; (c) is
developed by employees 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 or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving Party; (d) is
lawfully disclosed to the Receiving Party without restrictions, by a third party
not under an obligation of confidentiality; or (e) the Receiving Party is
legally compelled to disclose the information, in which case the Receiving Party
shall assert the privileged and confidential nature of the information and
cooperate fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of disclosure
and the dissemination of disclosed Confidential Information by all legally
available means.
The obligations of the Receiving Party under this Section shall continue during
the Initial Term and for a period of five (5) years after expiration or
termination of this Agreement. To the extent that the terms of the
Non-Disclosure Agreement between Digia and Licensee conflict with the terms of
this Section 12, this Section 12 shall be controlling over the terms of the
Non-Disclosure Agreement.
13. GENERAL PROVISIONS
13.1 Marketing
Digia may include Licensee's company name and logo in a publicly available list
of Digia customers and in its public communications.
13.2 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its rights,
benefits and obligations under this Agreement without the prior written consent
of Digia, which shall not be unreasonably withheld. Digia shall be entitled to
assign or transfer any of its rights, benefits or obligations under this
Agreement on an unrestricted basis.
13.3 Termination
Digia may terminate the Agreement at any time immediately upon written notice by
Digia to Licensee if Licensee breaches this Agreement.
Either party shall have the right to terminate this Agreement immediately upon
written notice in the event that the other party becomes insolvent, files for
any form of bankruptcy, makes any assignment for the benefit of creditors, has a
receiver, administrative receiver or officer appointed over the whole or a
substantial part of its assets, ceases to conduct business, or an act equivalent
to any of the above occurs under the laws of the jurisdiction of the other
party.
Upon termination of the Licenses, Licensee shall return to Digia all copies of
Licensed Software that were supplied by Digia. All other copies of Licensed
Software in the possession or control of Licensee must be erased or destroyed.
An officer of Licensee must promptly deliver to Digia a written confirmation
that this has occurred.
13.4 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably should
survive a cancellation or termination of this Agreement shall also be deemed to
survive. Such terms and conditions include, but are not limited to the
following Sections 2, 5.1, 6, 7, 8(iii), 10, 12, 13.5, 13.6, 13.9, 13.10, and
13.11 shall survive the termination of the Agreement. Notwithstanding the
foregoing, Section 5.1 shall not survive if the Agreement is terminated for
material breach.
13.5 Entire Agreement
This Agreement constitutes the complete agreement between the parties and
supersedes all prior or contemporaneous discussions, representations, and
proposals, written or oral, with respect to the subject matters discussed
herein, with the exception of the non-disclosure agreement executed by the
parties in connection with this Agreement ("Non-Disclosure Agreement"), if any,
shall be subject to Section 12. No modification of this Agreement shall be
effective unless contained in a writing executed by an authorized representative
of each party. No term or condition contained in Licensee's purchase order
shall apply unless expressly accepted by Digia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain valid
and enforceable according to its terms. If any remedy provided is determined to
have failed for its essential purpose, all limitations of liability and
exclusions of damages set forth in this Agreement shall remain in effect.
13.6 Payment and Taxes
If credit has been extended to Licensee by Digia, all payments under this
Agreement are due within thirty (30) days of the date Digia mails its invoice to
Licensee. If Digia has not extended credit to Licensee, Licensee shall be
required to make payment concurrent with the delivery of the Licensed Software
by Digia. All amounts payable are gross amounts but exclusive of any value
added tax, use tax, sales tax or similar tax. Licensee shall be entitled to
withhold from payments any applicable withholding taxes and comply with all
applicable tax and employment legislation. Each party shall pay all taxes
(including, but not limited to, taxes based upon its income) or levies imposed
on it under applicable laws, regulations and tax treaties as a result of this
Agreement and any payments made hereunder (including those required to be
withheld or deducted from payments). Each party shall furnish evidence of such
paid taxes as is sufficient to enable the other party to obtain any credits
available to it, including original withholding tax certificates.
13.7 Force Majeure
Neither party shall be liable to the other for any delay or non-performance of
its obligations hereunder other than the obligation of paying the license fees
in the event and to the extent that such delay or non-performance is due to an
event of Force Majeure (as defined below). If any event of Force Majeure
results in a delay or non-performance of a party for a period of three (3)
months or longer, then either party shall have the right to terminate this
Agreement with immediate effect without any liability (except for the
obligations of payment arising prior to the event of Force Majeure) towards the
other party. A "Force Majeure" event shall mean an act of God, terrorist attack
or other catastrophic event of nature that prevents either party for fulfilling
its obligations under this Agreement.
13.8 Notices
Any notice given by one party to the other shall be deemed properly given and
deemed received if specifically acknowledged by the receiving party in writing
or when successfully delivered to the recipient by hand, fax, or special courier
during normal business hours on a business day to the addresses specified below.
Each communication and document made or delivered by one party to the other
party pursuant to this Agreement shall be in the English language or accompanied
by a translation thereof.
Notices to Digia shall be given to:
Digia Finland Ltd
Attn: Qt Commercial
Valimotie 21
FI-00380 Helsinki
Finland
Fax: +358 10 313 3700
13.9 Export Control
Licensee acknowledges that the Licensed Software may be subject to export
control restrictions of various countries. Licensee shall fully comply with all
applicable export license restrictions and requirements as well as with all laws
and regulations relating to the importation of the Licensed Software and/or
Modified Software and/or Applications and shall procure all necessary
governmental authorizations, including without limitation, all necessary
licenses, approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software, Modified Software or Applications.
13.10 Governing Law and Legal Venue
This Agreement shall be construed and interpreted in accordance with the laws of
Finland, excluding its choice of law provisions. Any disputes, controversy or
claim arising out of or relating to this Agreement, or the breach, termination
or validity thereof shall be shall be finally settled by arbitration in
accordance with the Arbitration Rules of the Central Chamber of Commerce of
Finland. The arbitration tribunal shall consist of one (1), or if either Party
so requires, of three (3), arbitrators. The award shall be final and binding
and enforceable in any court of competent jurisdiction. The arbitration shall
be held in Helsinki, Finland and the process shall be conducted in the English
language.
13.11 No Implied License
There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder, shall
remain with Digia and its licensors. In addition, no licenses or immunities are
granted to the combination of the Licensed Software and/or Modified Software, as
applicable, with any other software or hardware not delivered by Digia under
this Agreement.
_____________
Appendix 1
1. Parts of the Licensed Software that are permitted for distribution
("Redistributables")
- The Licensed Software's main and plug-in libraries in object code form
- The Licensed Software's configuration tool ("qtconfig")
- The Licensed Software's help tool in object code/executable form ("Qt
Assistant")
- The Licensed Software's internationalization tools in object code/executable
form ("Qt Linguist", "lupdate", "lrelease")
- The Licensed Software's designer tool ("Qt Designer")
- The Licensed Software's IDE tool ("Qt Creator")
- The Licensed Software's QML ("Qt Quick") launcher tool in object
code/executable form
2. Parts of the Licensed Software that are not permitted for distribution
include, but are not limited to
- The Licensed Software's source code and header files
- The Licensed Software's documentation
- The Licensed Software's tool for writing makefiles ("qmake")
- The Licensed Software's Meta Object Compiler ("moc")
- The Licensed Software's User Interface Compiler ("uic" or in the case of
Qt Jambi: "juic")
- The Licensed Software's Resource Compiler ("rcc")
- The Licensed Software's generator (only in the case of Qt Jambi if applicable)
- The Licensed Software's Qt SDK
QT COMMERCIAL ALL OPERATING SYSTEMS DEVELOPER LICENSE AGREEMENT
DIGIA FINLAND LTD | VALIMOTIE 21 | FI-00380 HELSINKI FINLAND |
| TEL +358 (0) 10 313 3000 | FAX +358 (0) 10 313 3700 |
PLACE OF REGISTERED OFFICE: HELSINKI | VAT REG. |
| BUSINESS ID 1091248-4 |
WWW.DIGIA.COM