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