LICENSE-DESKTOP-US
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r917 | Qt COMMERCIAL LICENSE AGREEMENT | ||
Agreement version 3.9.1 | ||||
This Qt Commercial License Agreement ("Agreement") is a legal agreement between | ||||
Digia USA Inc. ("Digia"), with its registered office at 32 W. Loockerman | ||||
Street, Suite 201, City of Dover, County of Kent, Delaware 19904, U.S.A. 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. | ||||
"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 systems 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 | ||||
enhancement, 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. 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 may 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 | ||||
may 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 the Designated User(s) specified | ||||
in the License Certificate for the sole purposes of designing, developing, and | ||||
testing Application(s). | ||||
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 Redistribution | ||||
a) Digia grants Licensee a non-exclusive, royalty-free right to reproduce and | ||||
distribute the object code form of Redistributables for execution on the | ||||
specified 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 Qt | ||||
or a Qt-based product, and depends on the Licensed Software or an open source | ||||
version of any Qt or Qt-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 Qt or a Qt-based product, and depends | ||||
on the Licensed Software. | ||||
5.3 Further Requirements | ||||
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 shall 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 (1) that some part of Third Party | ||||
Software may require additional licensing of copyright and patents from the | ||||
owners of such, and (2) 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 AND DISTRIBUTING REDISTRIBUTABLES | ||||
The licenses granted in this Agreement for Licensee to create Applications and | ||||
distribute them and the Redistributables (if any) to Licensee's customers is | ||||
subject to all of the following conditions: (i) all copies of the Applications | ||||
which 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 in "Qt Assistant" and "Qt Linguist" as defined in Appendix 1; | ||||
(iii) Redistributables, if any, shall be licensed to Licensee's customer "as | ||||
is"; (iv) Licensee shall 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; (v) Applications | ||||
must be developed using a licensed, registered copy of the Licensed Software; | ||||
(vi) Applications must add primary and substantial functionality to the Licensed | ||||
Software; (vii) 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); (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 Application(s), | ||||
except to state that Application 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, 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 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 shall 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 this Agreement, 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(iv), 10, 12, 13.5, 13.6, 13.9, 13.10 and | ||||
13.11 of this 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 USA Inc | ||||
Suite 203 | ||||
2880 Zanker Road | ||||
San Jose | ||||
CA 95134 | ||||
U.S.A | ||||
Fax. + 1 408 433 9360 | ||||
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 governed by and construed in accordance with the federal | ||||
laws of the United States of America and the internal laws of the State of New | ||||
York without given effect to any choice of law rule that would result in the | ||||
application of the laws of any other jurisdiction. The United Nations | ||||
Convention on Contracts for the International Sale of Goods (CISG) shall not | ||||
apply. Each Party (a) hereby irrevocably submits itself to and consents to the | ||||
jurisdiction of the United States District Court for the Southern District of | ||||
New York (or if such court lacks jurisdiction, the state courts of the State of | ||||
New York) for the purposes of any action, claim, suit or proceeding between the | ||||
Parties in connection with any controversy, claim, or dispute arising out of or | ||||
relating to this Agreement; and (b) hereby waives, and agrees not to assert by | ||||
way of motion, as a defence or otherwise, in any such action, claim, suit or | ||||
proceeding, any claim that is not personally subject to the jurisdiction of such | ||||
court(s), that the action, claim, suit or proceeding is brought in an | ||||
inconvenient forum or that the venue of the action, claim, suit or proceeding is | ||||
improper. Notwithstanding the foregoing, nothing in this Section 13.10 is | ||||
intended to, or shall be deemed to, constitute a submission or consent to, or | ||||
selection of, jurisdiction, forum or venue for any action for patent | ||||
infringement, whether or not such action relates to this Agreement. | ||||
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. | ||||
13.12 Government End Users | ||||
A "U.S. Government End User" shall mean any agency or entity of the government | ||||
of the United States. The following shall apply if Licensee is a U.S. | ||||
Government End User. The Licensed Software is a "commercial item," as that term | ||||
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | ||||
software" and "commercial computer software documentation," as such terms are | ||||
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 | ||||
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users | ||||
acquire the Licensed Software with only those rights set forth herein. The | ||||
Licensed Software (including related documentation) is provided to U.S. | ||||
Government End Users: (a) only as a commercial end item; and (b) only pursuant | ||||
to 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) | ||||
- The License Software's Qt SDK | ||||
QT COMMERCIAL LICENSE AGREEMENT | ||||
DIGIA USA INC. | SUITE 203 | 2880 ZANKER ROAD | SAN JOSE | CA 95134 | U.S.A. | | ||||
FAX + 1 408 433 9360 | ||||
PLACE OF REGISTERED OFFICE: DELAWARE | WWW.DIGIA.COM | ||||