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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
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provisions of this Agreement shall govern.
4. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software, Licensee
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to the terms of this Agreement, Licensee should not install, copy, or otherwise
use the Licensed Software. In addition, by installing, copying, or otherwise
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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
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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
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Licensee may install copies of the Licensed Software on an unlimited number of
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Licensee may at any time designate another Designated User to replace a
then-current Designated User by notifying Digia, provided that a) the
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5.2 Limited Redistribution
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distribute the object code form of Redistributables (listed in Appendix 1,
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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
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except as provided by a separate runtime distribution license with Digia or one
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configuration, the main user interface of the device is provided by
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or an open source version of any Qt Commercial or Qt Commercial-based software
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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
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5.3 Further Requirements
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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
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Software including but not limited to the About Boxes; (iii) Licensee will
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harmless from and against any claims or liabilities arising out of the use,
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augment the functionality and appearance of the Application(s) without adding
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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
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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
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warranties of merchantability and fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.
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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
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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
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or indirectly, use the Confidential Information for any purpose other than for
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termination of this Agreement. To the extent that the terms of the
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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
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13.3 Termination
Digia may terminate the Agreement at any time immediately upon written notice by
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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
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and enforceable according to its terms. If any remedy provided is determined to
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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
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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
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or other catastrophic event of nature that prevents either party for fulfilling
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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