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243 lines
13 KiB
243 lines
13 KiB
C O I N P R O F E S S I O N A L E D I T I O N
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L I C E N S E A G R E E M E N T V 2.0
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Copyright (C) 1999-2004 Systems in Motion AS. All rights reserved.
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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 -
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T H I R D P A R T Y L I A B R A R I E S
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This License Agreement ("License") is between you ("Licensee") - either an
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individual or a legal entity - and Systems in Motion AS ("SIM"). It pertains to
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the Coin library and the associated GUI interface libraries (SoQt, SoWin, SoXt,
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SoGTK, and Sc21) and the Dime and Profit libraries and simage, or parts thereof,
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including the source code, example programs and the documentation
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("Documentation"). Certain exceptions to this are found, cf the information on
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Third Party Libraries below.
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The software referred to above may contain, or provide links to, third party
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libraries or code (collectively "Third Party Libraries") to implement various
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functions. Third Party Libraries are not prepared by or owned by SIM, and they
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are not covered by this License. Any use of Third Party Libraries is entirely at
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the risk and responsibility of Licensee.
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Licensee acknowledges (1) that some Third Party Libraries may require additional
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licensing of copyright and patents from the owners of such, and (2) that
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distribution of any of the Licensed Software referencing any portion of a Third
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Party Library may require appropriate licensing from such third parties.
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An updated list of what Third Party libraries are included in the software
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provided by SIM, and thus what software is not covered by this License, is
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available at SIM's website:
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http://www.sim.no/products/Coin3D/licensing/3rdPartyLibs/
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When the term "Software" is used below in this License, it refers only to the
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software covered by the License, and not the software that is part of the Third
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Party Libraries.
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B I N D I N G T E R M S - N E W V E R S I O N S
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By installing, copying, or otherwise using the Software or Documentation,
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Licensee agrees to be bound by the terms of this License. This paragraph does
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not exclude Licensee from using the Software under the GPL or the Coin
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Evaluation License, provided that the terms and conditions of the GPL or the
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Coin Evaluation License are observed.
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If SIM replaces this License Version 2.0 with a new Version during the term of
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the License, Licensee shall be entitled to receive and use such new Version on
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the terms and conditions then applicable to such new Version, without having to
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pay further compensation. Licensee may choose to continue using this Version 2.0
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instead, in which case the terms and conditions in this License shall apply for
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the remainder of the License term. Receipt of a new Version and acceptance of
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the licensing terms for such new Version, shall not in it self extend the term
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of the initial License.
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A "Version" of the Software refers to a release with a unique version number,
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e.g. 1.0.0 and 1.0.1 being different Versions.
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C O P Y R I G H T A N D R E S T R I C T I O N S
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All intellectual property rights in the Software and Documentation are owned by
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SIM, and are protected by Norwegian copyright laws, other applicable copyright
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laws, and international treaty provisions. SIM reserves all rights not expressly
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granted in this License. No title, property rights or copyright in the Software
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or in any modifications to the Software or Documentation shall pass to Licensee
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under any circumstances. Licensee may not loan, rent, lease, or license the
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Software or any copy hereof, unless expressly provided for in this License.
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Licensee may not alter or remove any details of ownership, copyright, trade mark
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or other property right connected with the Software.
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Licensee as an individual is granted a personal, nonexclusive, non-transferable
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license to use the Software in the manner provided below. If Licensee is an
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entity, SIM grants Licensee the right to designate one, and only one, individual
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within Licensee's organization, who shall have the sole right to use the
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Software in the manner provided below. The name of this individual must be
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reported to SIM, and may be changed at any time, but not more frequently than
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once every six months. The individual may also be a consultant, freelance
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worker, or otherwise doing project-work for the company, as long as the Software
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is only used in work for Licensee.
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D U R A T I O N
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This License is valid for one year from the date that SIM has sent out an order
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confirmation. A renewal offer stating the terms and conditions for an extension
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of the License will be sent to Licensee by SIM. If Licensee does not accept this
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offer, or SIM chooses not to provide such offer, the License will expire at the
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end of the one year period referred to above.
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If the License expires, the rights to updates and support (subsections (6) and
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(7) under "Licensee's rights" below) shall cease. Licensee retains the right to
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create and distribute applications (as stated in subsections (1), (2), (3), (4)
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and (5) under "Licensee's rights" below), but only for use of the last Version
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of the Software that was released while the License was valid.
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L I C E N S E E ' S R I G H T S
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(1) Using and modifying the Software: Licensee may freely use and modify the
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Software to develop any kind of product on any platform, except products which
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would 1) compete directly with the Software or 2) pass on functionality which
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makes it possible for others to create software competing with the Software.
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Licensee may make and install copies of the Software on an unlimited number of
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computers on any number of development platforms, provided that Licensee, or the
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person designated by Licensee as the user in accordance with the section above,
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is the only individual using the Software.
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(2) Redistribution of the original Software: Licensee is granted a nonexclusive,
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royalty-free right to redistribute the unchanged Software as part of Licensee's
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own product in source or binary form, but only if the Software has in its
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entirety been obtained under a valid Coin Professional Edition License or a Coin
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Evaluation License.
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(3) Distribution of modified Software: Licensee is granted a nonexclusive,
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royalty-free right to copy and distribute Software which has been modified as
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allowed under section (1) above, as part of his product. This can be done in one
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of the following two ways: (a) in the form of source code patches to the
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original unmodified Software; (b) in binary form, provided that the binary is
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named in such a manner that it cannot be confused with the original Software.
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Such copying and distribution may only take place if any and all modifications
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to the original Software have in their entireties been developed by Licensee on
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basis of and in accordance with the provisions of a valid Coin Professional
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Edition License or a Coin Evaluation License.
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(4) The right to distribution as referred to under (2) and (3) above also
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applies to the Documentation, but only to the extent the Documentation is
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distributed as an integrated part of the Software.
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The right to distribute the Software as described under (2) and (3) above does
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not authorize Licensee to give any third parties any rights to the Software,
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except the right to use the Software or modified Software as an integrated part
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of the products sold by Licensee.
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(5) The above provisions do not exclude Licensee from re-distributing the
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Software in accordance with the GPL, but in such case, the terms and conditions
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of the GPL must be observed. If Licensee has made any modifications to the
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Software under the GPL license, such modified Software must, if re-distributed,
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either a) be re-distributed on the terms and conditions set by the GPL, or b) be
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re-distributed under a Coin Professional Edition License, but so that a Coin
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Professional Edition License must be purchased from SIM with retrospective
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effect, meaning that all previous development work under the GPL which is
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intended distributed must be paid for as if developed under the under the Coin
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Professional Edition License. SIM is not obliged to sell such licenses with
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retrospective effect, but may do so, at its own discretion.
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(6) Upgrades: Licensee is granted the right to free upgrades to all new Versions
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of the Software, through the www.coin3d.org website and/or the Coin CVS
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repository for the duration of the License (one year), in accordance with SIM's
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licensing terms and conditions then applicable to the upgrades.
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(7) Support: Licensee has the right to prioritized email software developer
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support with no additional cost for the duration of the License (one year).
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Licensee's rights are non-exclusive.
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P R I C E S A N D P A Y M E N T
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As consideration for the rights given to Licensee under this License, Licensee
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shall pay to SIM the license fees applicable at the time of ordering. The
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License is not valid until such order has been placed with SIM, and SIM has
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accepted the order in writing.
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"A S I S" P U R C H A S E - D I S C L A I M E R O F
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W A R R A N T IE S
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THIS SOFTWARE IS PROVIDED "AS IS" AND EXCEPT AS SPECIFICALLY PROVIDED HEREIN,
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SIM MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH
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RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THEIR
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QUALITY, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO
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THE EXTENT THAT ANY WARRANTIES WOULD OTHERWISE BE IMPLIED BY LAW, SIM HEREBY
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DISCLAIMS ALL SUCH WARRANTIES, AND LICENSEE ACCEPTS THAT NO SUCH WARRANTIES
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SHALL APPLY.
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Because software is inherently complex and cannot be expected to be free of
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errors, Licensee is advised to verify his work and make backup copies where
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appropriate. Any and all use of the Software or modified versions of the
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Software is at the risk of Licensee.
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L I M I T A T I O N O F L I A B I L I T Y
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IF, SIM'S WARRANTY DISCLAIMER NOTWITHSTANDING, SIM IS HELD LIABLE TO LICENSEE,
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ANY AWARD OF DAMAGES FROM SIM TO LICENSEE SHALL NOT EXCEED THE TOTAL AMOUNT THAT
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LICENSEE HAS PAID TO SIM IN CONNECTION WITH THIS LICENSE. IN NO EVENT SHALL SIM
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BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
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CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR
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CORRUPTION OF DATA, AND LOSS OF PROFITS OR INTERRUPTION OF BUSINESS), HOWEVER
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CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
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OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION SHALL APPLY TO THE
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MAXIMUM EXTENT ALLOWED.
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V E R I F I C A T I O N
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SIM may, upon its reasonable request and at its expense, audit Licensee with
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respect to the use of the Licensed Software. Any such audit shall be conducted
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during regular business hours at Licensee's facilities and shall not
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unreasonably interfere with Licensee's business activities. SIM will not remove,
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copy, or redistribute any electronic material during the course of an audit. If
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an audit reveals that Licensee is using the Licensed Software in a way that is
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in material violation of the terms of the License, then Licensee shall pay SIM's
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reasonable costs of conducting the audit. In the case of a material violation,
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Licensee agrees to pay SIM any amounts owing that are attributable to the
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unauthorized use. In the alternative, SIM reserves the right, at SIM's sole
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option, to terminate the licenses for the Licensed Software.
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T E R M I N A T I O N
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SIM may terminate the License at any time immediately upon written notice by SIM
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to Licensee if Licensee breaches this License, fails to pay the fees for the
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Licensed Software, or infringes SIM's intellectual property in or to the
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Licensed Software. Upon termination of the Licenses, Licensee shall return to
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SIM all copies of Licensed Software that were supplied by SIM. All other copies
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of Licensed Software in the possession or control of Licensee must be erased or
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destroyed. An officer of Licensee must promptly deliver to SIM a written
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confirmation that this has occurred.
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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
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. The
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remainder will remain valid and enforceable according to its terms.
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G O V E R N I N G L A W A N D D I S P U T E S
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This License shall be governed by Norwegian law. Unless otherwise agreed in
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writing, all disputes arising out of or in connection with this License shall be
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brought before the Oslo City Court as the exclusive legal venue.
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In addition, SIM shall be entitled to seek interlocutory injunctions in any
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court of law worldwide, to the extent allowed by the procedural law of the
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relevant jurisdiction.
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