
 Qt License
 ----------

Qt COMMERCIAL LICENSE AGREEMENT
Agreement version 3.4

IMPORTANT-READ CAREFULLY: 

1. This Trolltech End-User License Agreement ("Agreement") is a legal
agreement between you (either an individual or a legal entity)
("Licensee") and Trolltech ASA ("Trolltech") for the Trolltech software
product(s) accompanying this Agreement, which include(s) computer
software and may include "online" or electronic documentation,
associated media, and printed materials, including the source code,
example programs and the documentation ("Licensed Software"). 

2. 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. 

3. 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 ("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 between
the language of this Agreement and the License Certificate, the
provisions of this Agreement shall govern. 

4. 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. Licensee may, however,
return it to Licensee's place of purchase within 14 days of purchase for
a full refund. 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 ("Updates"),
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. 

5. Upon Licensee's acceptance of the terms and conditions of this
Agreement, Trolltech grants Licensee the right to use the Licensed
Software in the manner provided below. 

6. Trolltech grants to Licensee a non-exclusive, non-transferable,
perpetual license to make, use and modify copies of the Licensed
Software for the maximum number of named individuals within Licensee's
organization ("Named User"(s)) specified in the License Certificate for
the sole purposes of designing, developing, and testing Licensee's
software product(s), which may include the Licensed Software
("Applications"). Modified Licensed Software shall be considered as
Licensed Software for the purposes of this Agreement. 

7. Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that only the Named Users use the Licensed
Software. Licensee may at any time designate another Named User within
Licensee's organization to replace a then-current Named User by
notifying Trolltech, provided that a) the then-current Named 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 Named Users at any
given time. 

8. Verification: Trolltech or a certified auditor on Trolltech'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. Trolltech
will not remove, copy, or redistribute any electronic material during
the course of an audit. Licensee does not implicitly grant Trolltech any
form of license agreement. 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 Trolltech's reasonable
costs of conducting the audit. In the case of a material violation,
Licensee agrees to pay Trolltech any amounts owing that are attributable
to the unauthorized use. In the alternative, Trolltech reserves the
right, at Trolltech's sole option, to terminate the licenses for the
Licensed Software. 

9. The Licensed Software may provide links to third party libraries or
code (collectively "Third Party Libraries") to implement various
functions. Third Party Libraries do not comprise part of the Licensed
Software. In some cases, access to Third Party Libraries may be included
along with the Licensed Software delivery as a convenience for
development and testing only. Such source code and libraries as are or
may be listed in the ".../src/3rdparty" source tree delivered with the
Licensed Software, as may be amended from time to time, do not comprise
the Licensed Software. 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. 

GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
10. a) Trolltech grants Licensee a nonexclusive, royalty-free right to
reproduce and distribute the object code form of certain portions of the
Licensed Software ("Redistributables"), as specified in Appendix 1,
Section 1, for execution on any operating system of a type listed in the
License Certificate ("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
Redistributables, solely or as part of an Application, its source code,
in binary/compiled form, or in any other form, if such action is part of
a joint software and hardware distribution, except as set forth below or
provided by a separate runtime distribution license with Trolltech or
one of its authorized distributors. A joint hardware and software
distribution shall be defined as either: (i) distribution of a hardware
device that includes the Licensed Software; or (ii) distribution of the
Licensed Software onto a device designed to facilitate the installation
of the Licensed Software onto the same device. 

c) If the combination of the Licensed Software and hardware and/or
software ("Product"), in the final working end-user configuration either
(i) relies on Apple OS X ® or Windows 98/ME/2000/2003/ XP/Vista ®
(however not including embedded versions of these, e.g XP Embedded) as
an integral part of and foundation for its functionality; or (ii) is a
workstation, server, desktop computer or notebook computer relying on a
complete 3rd party desktop environment such as KDE or GNOME as an
integral part of and foundation for its functionality; or (iii) only
depends on modules in the Licensed Software's Console edition (Qt Core,
Database, Network, XML) and is not dependent on a window system (such as
the X Windows system or similar) or the Java Virtual Machine ("JVM") to
operate, then Licensee is hereby granted an exception from the
requirement for a runtime distribution license agreement. 

d) In all instances not covered above, Licensee shall contact Trolltech
or one of Trolltech's authorized distributors to obtain a distribution
license agreement. 


11. The license 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 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 will indemnify and hold Trolltech, its
related companies 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;
(viii) Applications may not compete with the Licensed Software; (ix)
Licensee may not use Trolltech'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: Qt Open Source Edition is licensed under the terms of the GPL and
not under this Agreement. If Licensee has, at any time, developed all
(or any portions of) the Application(s) using Trolltech's publicly
licensed Qt Open Source Edition, Licensee must comply with Trolltech's
requirements (see http:// www.trolltech.com/download/opensource.html )
and license such Application(s) (or any portions derived there from)
under the terms of the Free Software Foundation's GNU General Public
License version 2 (the "GPL") a copy of which is located at
http://www.fsf.org/licensing/licenses/info/GPLv2.html (i.e., any 
Product(s) and/or parts, components, portions thereof developed using 
GPL licensed software, including Qt Open Source Edition, must be 
licensed under the terms of the GPL, and the GPL-based source code 
must be made available upon request). 

12. Warranty Disclaimer: The Licensed Software is licensed to Licensee
"as is". To the maximum extent permitted by applicable law, Trolltech 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. 

13. Limitation of Liability: If, Trolltech's warranty disclaimer
notwithstanding, Trolltech is held liable to Licensee, whether in
contract, tort or any other legal theory, based on the Licensed
Software, Trolltech's entire liability to Licensee and Licensee's
exclusive remedy shall be, at Trolltech'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
Trolltech all copies of the Licensed Software as originally delivered to
Licensee. Trolltech 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 Trolltech
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
Trolltech to Licensee shall not exceed the total amount Licensee has
paid to Trolltech in connection with this Agreement. 

14. Support and Updates: Licensee will be eligible to receive email
based software developer support and access to Updates to the Licensed
Software ("Support and Updates") for a period not to exceed one year
from the date of initial delivery ("Initial Term"), in accordance with
Trolltech's then current policies and procedures, if any. Such policies
and procedures may be changed from time to time. Following the Initial
Term, Trolltech will no longer make the Licensed Software available to
Licensee unless Licensee purchases additional Support and Updates
according to section 15 below. 

15. Renewal of Support and Updates: Licensee may purchase additional
Support and Updates following the Initial Term at Trolltech's terms and
conditions applicable at the time of renewal. 


GENERAL PROVISIONS
16. Marketing: Trolltech may include Licensee's company name and logo in
a publicly available list of Trolltech customers. 

17. No Assignment: Neither this Agreement nor Licensee's rights under
this Agreement are assignable or transferable by Licensee either in
whole or in part to any third party without Trolltech's written consent.
Any attempted assignment or transfer in violation of the foregoing shall
be void. Trolltech may assign or transfer this Agreement to any third
party who acquires substantially all of Trolltech copyrights in and to
the Licensed Software. 

18. Termination: Trolltech may terminate the Agreement at any time
immediately upon written notice by Trolltech to Licensee if Licensee
breaches this Agreement, fails to pay the fees for the Licensed
Software, or infringes Trolltech's intellectual property in or to the
Licensed Software. Upon termination of the Licenses, Licensee shall
return to Trolltech all copies of Licensed Software that were supplied
by Trolltech. 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 Trolltech a written confirmation that this has
occurred. 

19. Clauses that survive termination: Sections 2, 6, 7, 8, 9, 13, 20, 21
and 22 shall survive the termination of this Agreement, however Sections
6 and 7 shall not survive if the Agreement is terminated for cause. 

20. 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. No modification of this
Agreement will 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 will apply unless expressly accepted by
Trolltech in writing. If any provision of the Agreement is found void or
unenforceable, the remainder will 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. 

21. Confidentiality: Each party acknowledges that during the Term of
this Agreement it will 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 the Receiving Party or by persons who have not had
access to the Confidential Information of the Disclosing 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 Term and for a period of twelve (12)
months after expiration or termination thereof; provided, however, that
with respect to trade secret information, the obligations of the
Receiving Party under this Section shall continue as long as such
information remains a trade secret under applicable law. 

22. Governing law, legal venue: This Agreement shall be construed,
interpreted and governed by the laws of Norway, the legal venue to be
Oslo City Court. Trolltech reserves all rights not specifically granted
in 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") 

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 designer tool ("Qt Designer")
- 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)




