Skip to content
GitLab
Select Git revision
  • fix/ios_destroy_platform_helper_on_core_stop
  • feature/swift_push_unit_tests
  • master default
  • release/5.4
  • fix/workaround_for_sip_simple_messages_with_bad_to_header
  • fix/audio_video_conference_factory_crash
  • fix/stream_allocation_no_label
  • release/5.3
  • fix/copy_message_id_content_operator
  • feature/AEC3
  • fix/encrypted_chat_subscription_failed
  • fix/message_not_sent_rework
  • fix/transfer_state
  • feature/load-static-ms2-plugins
  • fix/import-from-legacy-db
  • fix/auth_info_finding
  • fix/tone-indications
  • fix/webrtc-ice
  • fix/conference_called_after_joining_5_3
  • test/flexisip-release-candidate-2-4
  • 5.4.4
  • 5.4.3
  • 5.4.2
  • 5.4.1
  • 5.3.107
  • 5.5.0-alpha
  • 5.4.0
  • 5.3.106
  • 5.3.105
  • 5.3.104
  • 5.4.0-beta
  • 5.3.103
  • 5.3.102
  • 5.3.101
  • 5.3.100
  • 5.3.99
  • 5.3.97
  • 5.3.96
  • 5.3.95
  • 5.3.94
Find file BlameHistoryPermalink
LICENSE.PREVIEW.COMMERCIAL 31.40 KiB
1 
TECHNOLOGY PREVIEW LICENSE AGREEMENT
2
3 
For individuals and/or legal entities resident in the Americas (North
4 
America, Central America and South America), the applicable licensing
5 
terms are specified under the heading "Technology Preview License
6 
Agreement: The Americas".
7
8 
For individuals and/or legal entities not resident in The Americas, the
9 
applicable licensing terms are specified under the heading "Technology
10 
Preview License Agreement: Rest of the World".
11
12
13 
TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
14 
Agreement version 2.4
15
16 
This Technology Preview License Agreement ("Agreement")is a legal agreement
17 
between The Qt Company USA, Inc. ("The Qt Company"), with its registered
18 
office at 2350 Mission College Blvd., Suite 1020, Santa Clara, California
19 
95054, U.S.A. and you (either an individual or a legal entity) ("Licensee")
20 
for the Licensed Software (as defined below).
21
22 
1. DEFINITIONS
23
24 
"Affiliate" of a Party shall mean an entity (i) which is directly or
25 
indirectly controlling such Party; (ii) which is under the same direct
26 
or indirect ownership or control as such Party; or (iii) which is
27 
directly or indirectly owned or controlled by such Party. For these
28 
purposes, an entity shall be treated as being controlled by another if
29 
that other entity has fifty percent (50 %) or more of the votes in such
30 
entity, is able to direct its affairs and/or to control the composition
31 
of its board of directors or equivalent body.
32
33 
"Applications" shall mean Licensee's software products created using the
34 
Licensed Software which may include portions of the Licensed Software.
35
36 
"Term" shall mean the period of time six (6) months from the later of
37 
(a) the Effective Date; or (b) the date the Licensed Software was
38 
initially delivered to Licensee by The Qt Company. If no specific Effective
39 
Date is set forth in the Agreement, the Effective Date shall be deemed to be
40 
the date the Licensed Software was initially delivered to Licensee.
41
42 
"Licensed Software" shall mean the computer software, "online" or
43 
electronic documentation, associated media and printed materials,
44 
including the source code, example programs and the documentation
45 
delivered by The Qt Company to Licensee in conjunction with this Agreement.
46
47 
"Party" or "Parties" shall mean Licensee and/or The Qt Company.
48
49
50 
2. OWNERSHIP
51
52 
The Licensed Software is protected by copyright laws and international
53 
copyright treaties, as well as other intellectual property laws and
54 
treaties. The Licensed Software is licensed, not sold.
55
56 
If Licensee provides any findings, proposals, suggestions or other
57 
feedback ("Feedback") to The Qt Company regarding the Licensed Software,
58 
The Qt Company shall own all right, title and interest including the
59 
intellectual property rights in and to such Feedback, excluding however any
60 
existing patent rights of Licensee. To the extent Licensee owns or controls
61 
any patents for such Feedback Licensee hereby grants to The Qt Company and its
62 
Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
63 
royalty-free license to (i) use, copy and modify Feedback and to create
64 
derivative works thereof, (ii) to make (and have made), use, import,
65 
sell, offer for sale, lease, dispose, offer for disposal or otherwise
66 
exploit any products or services of The Qt Company containing Feedback, and
67 
(iii) sublicense all the foregoing rights to third party licensees and
68 
customers of The Qt Company and/or its Affiliates.
69
70
7172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140
3. VALIDITY OF THE AGREEMENT 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. Upon Licensee's acceptance of the terms and conditions of this Agreement, The Qt Company grants Licensee the right to use the Licensed Software in the manner provided below. 4. LICENSES 4.1. Using and Copying The Qt Company grants to Licensee a non-exclusive, non-transferable, time-limited license to use and copy the Licensed Software for sole purpose of designing, developing and testing Applications, and evaluating and the Licensed Software during the Term. Licensee may install copies of the Licensed Software on an unlimited number of computers provided that (a) if an individual, only such individual; or (b) if a legal entity only its employees; use the Licensed Software for the authorized purposes. 4.2 No Distribution or Modifications Licensee may not disclose, modify, sell, market, commercialise, distribute, loan, rent, lease, or license the Licensed Software or any copy of it or use the Licensed Software for any purpose that is not expressly granted in this Section 4. Licensee may not alter or remove any details of ownership, copyright, trademark or other property right connected with the Licensed Software. Licensee may not distribute any software statically or dynamically linked with the Licensed Software. 4.3 No Technical Support The Qt Company has no obligation to furnish Licensee with any technical support whatsoever. Any such support is subject to separate agreement between the Parties. 5. PRE-RELEASE CODE The Licensed Software contains pre-release code that is not at the level of performance and compatibility of a final, generally available, product offering. The Licensed Software may not operate correctly and may be substantially modified prior to the first commercial product release, if any. The Qt Company is not obligated to make this or any later version of the Licensed Software commercially available. The License Software is "Not for Commercial Use" and may only be used for the purposes described in Section 4. The Licensed Software may not be used in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. 6. THIRD PARTY SOFTWARE The Licensed Software may provide links to third party libraries or code (collectively "Third Party Software") to implement various functions. Third Party Software does not comprise part of the Licensed Software. In some cases, access to Third Party Software may be included along with the Licensed Software delivery as a convenience for development and testing only. Such source code and libraries may be listed in the ".../src/3rdparty" source tree delivered with the Licensed Software or documented in the Licensed Software where the Third Party Software is used, as may be amended from time to time, do not comprise the Licensed Software. Licensee acknowledges (1) that some part of Third Party Software 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 Software may require appropriate licensing from such third parties.
141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210
7. LIMITED WARRANTY AND WARRANTY DISCLAIMER The Licensed Software is licensed to Licensee "as is". To the maximum extent permitted by applicable law, The Qt Company 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. 8. LIMITATION OF LIABILITY If, The Qt Company's warranty disclaimer notwithstanding, The Qt Company is held liable to Licensee, whether in contract, tort or any other legal theory, based on the Licensed Software, The Qt Company's entire liability to Licensee and Licensee's exclusive remedy shall be, at The Qt Company'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 The Qt Company all copies of the Licensed Software as originally delivered to Licensee. The Qt Company 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 The Qt Company 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 The Qt Company to Licensee shall not exceed the total amount Licensee has paid to The Qt Company in connection with this Agreement. 9. CONFIDENTIALITY Each party acknowledges that during the Term of this Agreement it shall 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 without access to the Confidential Information of the Disclosing Party or by persons who have not had access to the Confidential Information of the Disclosing Party as proven by the written records of the Receiving 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.