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diff --git a/licenses/PEL b/licenses/PEL new file mode 100644 index 000000000..03051a7cd --- /dev/null +++ b/licenses/PEL @@ -0,0 +1,242 @@ + 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. |