kde-playground/massif-visualizer/kdchart/LICENSE.US.txt

KD Chart COMMERCIAL LICENSE AGREEMENT
FOR COMMERCIAL VERSIONS
March 27, 2002


IMPORTANT-READ CAREFULLY: This Klaralvdalens Datakonsult AB End-User
License Agreement ("EULA") is a legal agreement between you (either an
individual or a legal entity) and Klaralvdalens Datakonsult AB
("KDAB") for the Klaralvdalens Datakonsult AB software product(s)
accompanying this EULA, which include(s) computer software and may
include "online" or electronic documentation, associated media, and
printed materials ("Licensed Product").

The Licensed Product is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Product is licensed, not sold.

By installing, copying, or otherwise using the Licensed Product, you
agree to be bound by the terms of this EULA. If you do not agree to
the terms of this EULA, do not install, copy, or otherwise use the
Licensed Product; you may, however, return it to your place of
purchase for a full refund. In addition, by installing, copying, or
otherwise using any updates or other components of the Licensed
Product that you receive separately as part of the Licensed Product
("Updates"), you agree to be bound by any additional license terms
that accompany such Updates. If you do not agree to the additional
license terms that accompany such Updates, you may not install, copy,
or otherwise use such Updates.

Upon your acceptance of the terms and conditions of this EULA, KDAB
grants you the right to use the Licensed Product in the manner
provided below.

KDAB grants to you as an individual a personal, nonexclusive,
nontransferable license to make and use copies of the Licensed Product
for the sole purposes of designing, developing, and testing your
software product(s) ("Applications"). You may install copies of the
Licensed Product on an unlimited number of computers provided that you
are the only individual using the Licensed Product. If you are an
entity, KDAB grants you the right to designate one, and only one,
individual within your organization who shall have the sole right to
use the Licensed Product in the manner provided above.  You may at any
time, but not more frequently that once every six (6) months,
designate another individual to replace the current designated user by
notifying KDAB, so long as there is no more than one designated user
at any given time.


GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
KDAB grants you a nonexclusive, royalty-free right to reproduce and
distribute the object code form of any portion of the Licensed Product
("Redistributables") for execution on any operating system of a type
listed in the License Certificate ("Platforms"). Copies of
Redistributables may only be distributed with and for the sole purpose
of executing Applications permitted under this License Agreement that
you have created using the Licensed Product.  Under no circumstances
may any copies of Redistributables be distributed separately.

The license granted in this EULA for you to create your own
Applications and distribute them and the Redistributables (if any) to
your customers is subject to all of the following conditions: (i) all
copies of the Applications you create must bear a valid copyright
notice, either your own or the copyright notice that appears on the
Licensed Product; (ii) you may not remove or alter any copyright,
trademark or other proprietary rights notice contained in any portion
of the Licensed Product; (iii) Redistributables, if any, shall be
licensed to your customer "as is" (KDAB MAKES NO WARRANTIES OR
REPRESENTATIONS VIS-A-VIS YOUR CUSTOMER WITH RESPECT TO
REDISTRIBUTABLES, AND KDAB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
VIS-A-VIS YOUR CUSTOMER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT KDAB KNOWS, HAS
REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH
PURPOSE); (iv) you will indemnify and hold KDAB, its related companies
and its suppliers, harmless from and against any claims or liabilities
arising out of the use, reproduction or distribution of your
Applications; (v) your Applications must be written using a licensed,
registered copy of the Licensed Product; (vi) your Applications must
add primary and substantial functionality to the Licensed Product;
(vii) your Applications may not pass on functionality which in any way
makes it possible for others to create Applications with the Software;
(viii) your Applications may not compete with the Licensed Product;
(ix)) you may not use KDAB's or any of its suppliers' names, logos, or
trademarks to market your programs, except to state that your program
was written using the Licensed Product.

LICENSEE'S BREACH OF CONTRACT
In addition to penalties, other sanctions and the like as stated in
the Swedish Copyright Act (1960:729), or successive legislation as it
may appear, the Licensee agrees to pay a Contractual Fine in case of
his/her/their breach of any of the above mentioned obligations,
including but not limited to, the Licensee's obligation to let only
one person per license use the Software as stated under above. The
Contractual Fine is EUR 5000 and is payable by the Licensee to the
Licenser immediately upon the Licenser having reasonably demonstrated
that the Licensee is in breach of his obligations in this Agreement.

WARRANTY DISCLAIMER
THE LICENSED PRODUCT IS LICENSED TO YOU "AS IS".  TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, KDAB 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 PRODUCT.  THIS WARRANTY
DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH
MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.


LIMITATION OF LIABILITY
IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO
YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE
LICENSED PRODUCT, KDAB'S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE
REMEDY SHALL BE, AT KDAB'S OPTION, EITHER (A) RETURN OF THE PRICE YOU
PAID FOR THE LICENSED PRODUCT, OR (B) REPAIR OR REPLACEMENT OF THE
LICENSED PRODUCT, PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE
LICENSED PRODUCT AS ORIGINALLY DELIVERED TO YOU.  KDAB SHALL NOT UNDER
ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED
PRODUCT IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR
MISAPPLICATION, NOR SHALL KDAB 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 KDAB TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT
YOU HAVE PAID TO KDAB IN CONNECTION WITH THIS EULA.


SUPPORT AND UPDATES
You will receive email based, software developer support and access to
Updates to the Licensed Product for one year from the date of initial
delivery, in accordance with KDAB support policies and procedures.
Such policies and procedures may be changed from time to time.


GENERAL PROVISIONS
This EULA may only be modified in writing signed by you and an
authorized officer of KDAB. All terms of any purchase order or other
ordering document shall be superseded by this EULA.  If any provision
of the EULA is found void or unenforceable, the remainder will remain
valid and enforceable according to its terms.  If any remedy provided
is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth in this
EULA shall remain in effect.

This EULA shall be construed, interpreted and governed by the laws of
Sweden, the venue to be Sunne Tingsratt.  The EULA gives you specific
legal rights; you may have others, which vary from state to state and
from country to country.  KDAB reserves all rights not specifically
granted in this EULA.