| C O I N P R O F E S S I O N A L E D I T I O N |
| L I C E N S E A G R E E M E N T V 2.0 |
| |
| |
| Copyright (C) 1999-2004 Systems in Motion AS. All rights reserved. |
| |
| |
| 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 - |
| T H I R D P A R T Y L I A B R A R I E S |
| |
| This License Agreement ("License") is between you ("Licensee") - either an |
| individual or a legal entity - and Systems in Motion AS ("SIM"). It pertains to |
| the Coin library and the associated GUI interface libraries (SoQt, SoWin, SoXt, |
| SoGTK, and Sc21) and the Dime and Profit libraries and simage, or parts thereof, |
| including the source code, example programs and the documentation |
| ("Documentation"). Certain exceptions to this are found, cf the information on |
| Third Party Libraries below. |
| |
| The software referred to above may contain, or provide links to, third party |
| libraries or code (collectively "Third Party Libraries") to implement various |
| functions. Third Party Libraries are not prepared by or owned by SIM, and they |
| are not covered by this License. Any use of Third Party Libraries is entirely at |
| the risk and responsibility of Licensee. |
| |
| Licensee acknowledges (1) that some Third Party Libraries 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 Library may require appropriate licensing from such third parties. |
| |
| An updated list of what Third Party libraries are included in the software |
| provided by SIM, and thus what software is not covered by this License, is |
| available at SIM's website: |
| http://www.sim.no/products/Coin3D/licensing/3rdPartyLibs/ |
| |
| When the term "Software" is used below in this License, it refers only to the |
| software covered by the License, and not the software that is part of the Third |
| Party Libraries. |
| |
| |
| B I N D I N G T E R M S - N E W V E R S I O N S |
| |
| By installing, copying, or otherwise using the Software or Documentation, |
| Licensee agrees to be bound by the terms of this License. This paragraph does |
| not exclude Licensee from using the Software under the GPL or the Coin |
| Evaluation License, provided that the terms and conditions of the GPL or the |
| Coin Evaluation License are observed. |
| |
| If SIM replaces this License Version 2.0 with a new Version during the term of |
| the License, Licensee shall be entitled to receive and use such new Version on |
| the terms and conditions then applicable to such new Version, without having to |
| pay further compensation. Licensee may choose to continue using this Version 2.0 |
| instead, in which case the terms and conditions in this License shall apply for |
| the remainder of the License term. Receipt of a new Version and acceptance of |
| the licensing terms for such new Version, shall not in it self extend the term |
| of the initial License. |
| |
| A "Version" of the Software refers to a release with a unique version number, |
| e.g. 1.0.0 and 1.0.1 being different Versions. |
| |
| |
| C O P Y R I G H T A N D R E S T R I C T I O N S |
| |
| All intellectual property rights in the Software and Documentation are owned by |
| SIM, and are protected by Norwegian copyright laws, other applicable copyright |
| laws, and international treaty provisions. SIM reserves all rights not expressly |
| granted in this License. No title, property rights or copyright in the Software |
| or in any modifications to the Software or Documentation shall pass to Licensee |
| under any circumstances. Licensee may not loan, rent, lease, or license the |
| Software or any copy hereof, unless expressly provided for in this License. |
| Licensee may not alter or remove any details of ownership, copyright, trade mark |
| or other property right connected with the Software. |
| |
| Licensee as an individual is granted a personal, nonexclusive, non-transferable |
| license to use the Software in the manner provided below. If Licensee is an |
| entity, SIM grants Licensee the right to designate one, and only one, individual |
| within Licensee's organization, who shall have the sole right to use the |
| Software in the manner provided below. The name of this individual must be |
| reported to SIM, and may be changed at any time, but not more frequently than |
| once every six months. The individual may also be a consultant, freelance |
| worker, or otherwise doing project-work for the company, as long as the Software |
| is only used in work for Licensee. |
| |
| |
| D U R A T I O N |
| |
| This License is valid for one year from the date that SIM has sent out an order |
| confirmation. A renewal offer stating the terms and conditions for an extension |
| of the License will be sent to Licensee by SIM. If Licensee does not accept this |
| offer, or SIM chooses not to provide such offer, the License will expire at the |
| end of the one year period referred to above. |
| |
| If the License expires, the rights to updates and support (subsections (6) and |
| (7) under "Licensee's rights" below) shall cease. Licensee retains the right to |
| create and distribute applications (as stated in subsections (1), (2), (3), (4) |
| and (5) under "Licensee's rights" below), but only for use of the last Version |
| of the Software that was released while the License was valid. |
| |
| |
| L I C E N S E E ' S R I G H T S |
| |
| (1) Using and modifying the Software: Licensee may freely use and modify the |
| Software to develop any kind of product on any platform, except products which |
| would 1) compete directly with the Software or 2) pass on functionality which |
| makes it possible for others to create software competing with the Software. |
| Licensee may make and install copies of the Software on an unlimited number of |
| computers on any number of development platforms, provided that Licensee, or the |
| person designated by Licensee as the user in accordance with the section above, |
| is the only individual using the Software. |
| |
| (2) Redistribution of the original Software: Licensee is granted a nonexclusive, |
| royalty-free right to redistribute the unchanged Software as part of Licensee's |
| own product in source or binary form, but only if the Software has in its |
| entirety been obtained under a valid Coin Professional Edition License or a Coin |
| Evaluation License. |
| |
| (3) Distribution of modified Software: Licensee is granted a nonexclusive, |
| royalty-free right to copy and distribute Software which has been modified as |
| allowed under section (1) above, as part of his product. This can be done in one |
| of the following two ways: (a) in the form of source code patches to the |
| original unmodified Software; (b) in binary form, provided that the binary is |
| named in such a manner that it cannot be confused with the original Software. |
| Such copying and distribution may only take place if any and all modifications |
| to the original Software have in their entireties been developed by Licensee on |
| basis of and in accordance with the provisions of a valid Coin Professional |
| Edition License or a Coin Evaluation License. |
| |
| (4) The right to distribution as referred to under (2) and (3) above also |
| applies to the Documentation, but only to the extent the Documentation is |
| distributed as an integrated part of the Software. |
| |
| The right to distribute the Software as described under (2) and (3) above does |
| not authorize Licensee to give any third parties any rights to the Software, |
| except the right to use the Software or modified Software as an integrated part |
| of the products sold by Licensee. |
| |
| (5) The above provisions do not exclude Licensee from re-distributing the |
| Software in accordance with the GPL, but in such case, the terms and conditions |
| of the GPL must be observed. If Licensee has made any modifications to the |
| Software under the GPL license, such modified Software must, if re-distributed, |
| either a) be re-distributed on the terms and conditions set by the GPL, or b) be |
| re-distributed under a Coin Professional Edition License, but so that a Coin |
| Professional Edition License must be purchased from SIM with retrospective |
| effect, meaning that all previous development work under the GPL which is |
| intended distributed must be paid for as if developed under the under the Coin |
| Professional Edition License. SIM is not obliged to sell such licenses with |
| retrospective effect, but may do so, at its own discretion. |
| |
| (6) Upgrades: Licensee is granted the right to free upgrades to all new Versions |
| of the Software, through the www.coin3d.org website and/or the Coin CVS |
| repository for the duration of the License (one year), in accordance with SIM's |
| licensing terms and conditions then applicable to the upgrades. |
| |
| (7) Support: Licensee has the right to prioritized email software developer |
| support with no additional cost for the duration of the License (one year). |
| |
| Licensee's rights are non-exclusive. |
| |
| |
| P R I C E S A N D P A Y M E N T |
| |
| As consideration for the rights given to Licensee under this License, Licensee |
| shall pay to SIM the license fees applicable at the time of ordering. The |
| License is not valid until such order has been placed with SIM, and SIM has |
| accepted the order in writing. |
| |
| |
| "A S I S" P U R C H A S E - D I S C L A I M E R O F |
| W A R R A N T IE S |
| |
| THIS SOFTWARE IS PROVIDED "AS IS" AND EXCEPT AS SPECIFICALLY PROVIDED HEREIN, |
| SIM MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH |
| RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THEIR |
| QUALITY, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO |
| THE EXTENT THAT ANY WARRANTIES WOULD OTHERWISE BE IMPLIED BY LAW, SIM HEREBY |
| DISCLAIMS ALL SUCH WARRANTIES, AND LICENSEE ACCEPTS THAT NO SUCH WARRANTIES |
| SHALL APPLY. |
| |
| Because software is inherently complex and cannot be expected to be free of |
| errors, Licensee is advised to verify his work and make backup copies where |
| appropriate. Any and all use of the Software or modified versions of the |
| Software is at the risk of Licensee. |
| |
| |
| L I M I T A T I O N O F L I A B I L I T Y |
| |
| IF, SIM'S WARRANTY DISCLAIMER NOTWITHSTANDING, SIM IS HELD LIABLE TO LICENSEE, |
| ANY AWARD OF DAMAGES FROM SIM TO LICENSEE SHALL NOT EXCEED THE TOTAL AMOUNT THAT |
| LICENSEE HAS PAID TO SIM IN CONNECTION WITH THIS LICENSE. IN NO EVENT SHALL SIM |
| BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR |
| CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR |
| CORRUPTION OF DATA, AND LOSS OF PROFITS OR INTERRUPTION OF BUSINESS), HOWEVER |
| CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF |
| SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION |
| OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR |
| CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION SHALL APPLY TO THE |
| MAXIMUM EXTENT ALLOWED. |
| |
| |
| V E R I F I C A T I O N |
| |
| SIM may, upon its reasonable request and at its expense, audit Licensee with |
| respect to the use of the Licensed Software. Any such audit shall be conducted |
| during regular business hours at Licensee's facilities and shall not |
| unreasonably interfere with Licensee's business activities. SIM 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 License, then Licensee shall pay SIM's |
| reasonable costs of conducting the audit. In the case of a material violation, |
| Licensee agrees to pay SIM any amounts owing that are attributable to the |
| unauthorized use. In the alternative, SIM reserves the right, at SIM's sole |
| option, to terminate the licenses for the Licensed Software. |
| |
| |
| T E R M I N A T I O N |
| |
| SIM may terminate the License at any time immediately upon written notice by SIM |
| to Licensee if Licensee breaches this License, fails to pay the fees for the |
| Licensed Software, or infringes SIM's intellectual property in or to the |
| Licensed Software. Upon termination of the Licenses, Licensee shall return to |
| SIM all copies of Licensed Software that were supplied by SIM. 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 SIM a written |
| confirmation that this has occurred. |
| |
| |
| 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 |
| |
| This License represents the complete agreement concerning subject matter hereof. |
| If any provision of this License is held to be unenforceable, such provision |
| shall be reformed only to the extent necessary to make it enforceable. The |
| remainder will remain valid and enforceable according to its terms. |
| |
| |
| G O V E R N I N G L A W A N D D I S P U T E S |
| |
| This License shall be governed by Norwegian law. Unless otherwise agreed in |
| writing, all disputes arising out of or in connection with this License shall be |
| brought before the Oslo City Court as the exclusive legal venue. |
| |
| In addition, SIM shall be entitled to seek interlocutory injunctions in any |
| court of law worldwide, to the extent allowed by the procedural law of the |
| relevant jurisdiction. |