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S I M V O L E O 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 V 1.0
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 SIM Voleon library, 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 individual using the Software under the terms of this Licensee,
not his organization.
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 organization: Licensee may pass on
copies of the original Software or modifications of the software
within Licensee's own organization, 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 SIM Voleon 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 SIM Voleon 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 SIM Voleon 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 organization.
If Licensee enters into an agreement with SIM under the terms of the
SIM Voleon Professional Edition License, rights granted under the SIM Voleon
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 liability, even if advised of the
possibility of such damages. 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. 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.
S I M V o l e o n F r e e E d i t i o n
SIM Voleon is released under this License, under the SIM Voleon Professional
Edition License, and as Free Software under the
<a href="http://www.gnu.org/copyleft/gpl.html">GPL</a>.