C O I N E V A L U A T I O N L I C E N S E A G R E E M E N T Copyright (C) 2004 Systems in Motion AS. All rights reserved. This License Agreement ("License") is between you ("Licensee") - either an individual or a legal entity - and Systems in Motion AS ("SIM"), and pertains to the Coin library and the associated GUI interface libraries (SoQt, SoWin, SoXt and SoGTK) and the Dime and Profit libraries, or parts thereof ("Software"), including the source code, example programs and the documentation ("Documentation"). The License is valid for a time-limited period as agreed between Licensee and SIM ("Evaluation Period") during which the Software may be used for evaluation purposes under the terms stated in this agreement. Unless agreed otherwise, the duration of the Evaluation Period is thirty days. 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. Licensee may not alter or remove any details of ownership, copyright, trade mark or other property right connected with the Software. By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms of this License. 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 not be changed. 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 for evaluation purposes for Licensee. Unless other written agreements are made, Licensee is the invididual using the Software under the terms of this Licensee, not his organisation. This License is valid for the duration of the "Evaluation Period", as agreed between Licensee and SIM. It expires after the Evaluation Period, unless other written agreements are made between Licensee and SIM. L I C E N S E E ' S R I G H T S (1) Using the Software: SIM grants to Licensee a license to make and use copies of the Software for the sole purpose of evaluating the Software. Licensee may install copies of the Software on an unlimited number of computers and any number of development platforms provided that Licensee is the only individual using the Software. (2) Redistribution of the original Software: Licensee may not redistribute the Software in any form, changed or unchanged, as part of Licensee's product(s) or otherwise. (3) Modifications of the Software: Licensee may modify the Software, for the sole purpose of evaluating the Software. Licensee may not distribute such modifications, as part of his own product or otherwise, in any form. (4) Evaluation within Licensee's organisation: Licensee may pass on copies of the original Software or modifications of the software within Licensee's own organisation, for the sole purpose of evaluation. Receiving a copy of the Software does not confer any rights to the Software to the receiver. Specifically, the receiver does not enter into an agreement with SIM under this License and is not granted rights to use Coin in the manner put forth in this License, or any other manner. (5) Upgrades: Licensee is granted the right to free upgrades to all new Versions of the Software during the Evaluation Period, through the www.coin3d.org website and/or the Coin CVS repository, in accordance with SIM's then current policies and procedures. (6) Support: Licensee has the right to email-based evaluation support at no cost during the Evaluation Period. If this License expires and Licensee does not enter into an agreement with SIM under the terms of the Coin Professional Edition License, all rights granted to Licensee under this License expire. Licensee must destroy all copies of the Software, including copies passed on within Licensee's organisation. If Licensee enters into an agreement with SIM under the terms of the Coin Professional Edition License, rights granted under the Coin Professional Edition License extend to software developed under this License. Licensee's rights are non-exclusive. 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 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. This License shall be governed by Norwegian law provisions (except to the extent applicable law, if any, provides otherwise). With respect to disputes: unless otherwise agreed in writing, all disputes relating to this License shall be subject to final and binding arbitration, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any arbitration relating to this agreement shall be held in Oslo, Norway, the legal venue to be Oslo City Court. L I M I T A T I O N O F L I A B I L I T Y 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. Because software is inherently complex and may not be completely free of errors, Licensee is advised to verify his work and make backup copies where appropriate. 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 liablity, even if advised of the possibility of such damages. If, SIM's warranty dislaimer notwithstanding, SIM is held liable to Licensee, any award of damages from SIM to Licensee shall not exceed the total amount Licensee has paid to SIM in connection with this License. To the extent that 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 may not apply. C o i n F r e e E d i t i o n Coin is released under this License, under Coin Professional Edition License, and as Free Software under the GPL. Coin v. 1.0.x was released under Coin Professional Edition License, and as Free Software under the LGPL.