PEL
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.
