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104 lines
5.3 KiB
Text
104 lines
5.3 KiB
Text
KD Chart COMMERCIAL LICENSE AGREEMENT
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FOR COMMERCIAL VERSIONS
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Version 1.0
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Copyright of this license text (C) 2001 Trolltech AS and (C) 2002-2011
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Klaralvdalens Datakonsult AB. All rights reserved. License text used
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with kind permission of Trolltech AS. The software and accompanying
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material is Copyright (C) 2002-2011 Klaralvdalens Datakonsult AB.
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This non-exclusive non-transferable License Agreement ("Agreement") is
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between you ("Licensee") and Klaralvdalens Datakonsult AB (KDAB), and
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pertains to the Klaralvdalens Datakonsult AB software product(s)
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accompanying this Agreement, which include(s) computer software and
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may include "online" or electronic documentation, associated media,
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and printed materials, including the source code, example programs and
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the documentation ("Software").
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COPYRIGHT AND RESTRICTIONS
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1. All intellectual property rights in the Software are owned by KDAB
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and are protected by Swedish copyright laws, other applicable
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copyright laws, and international treaty provisions. KDAB retains all
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rights not expressly granted. No title, property rights or copyright
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in the Software or in any modifications to the Software shall pass to
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the Licensee under any circumstances. The Software is licensed, not
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sold.
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2. By installing, copying, or otherwise using the Software, you agree
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to be bound by the terms of this agreement. If you do not agree to the
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terms of this Agreement, do not install, copy, or otherwise use the
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Software.
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3. Upon your acceptance of the terms and conditions of this Agreement,
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KDAB grants you the right to use the Software in the manner provided
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below.
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4. KDAB grants to you as an individual a personal, nonexclusive,
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non-transferable license to make and use copies of the Software for
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the sole purposes of designing, developing, testing and distributing
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your software product(s) ("Applications"). You may install copies of
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the Software on an unlimited number of computers provided that you are
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the only individual using the Software. If you are an entity, KDAB
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grants you the right to designate one, and only one, individual within
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your organization who shall have the sole right to use the Software in
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the manner provided above.
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5. The license granted in this Agreement for you to create and
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distribute your own Applications is subject to all of the following
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conditions: (i) all copies of the Applications you create must bear a
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valid copyright notice, either your own or the copyright notice that
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appears on the Software; (ii) you may not remove or alter any
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copyright, trademark or other proprietary rights notice contained in
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any portion of the Software; (iii) you will indemnify and hold KDAB, its
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related companies and its suppliers, harmless from and against any
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claims or liabilities arising out of the use and/or reproduction of
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your Applications; (iv) your Applications must be written using a
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licensed, registered copy of the Software; (v) your Applications must
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add primary and substantial functionality to the Software; (vi) your
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Applications may not pass on functionality which in any way makes it
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possible for others to create Applications with the Software; (vii)
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your Applications may not compete with the Software; (viii) you may
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not use KDAB's or any of its suppliers' names, logos, or trademarks to
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market your programs, except to state that your program was written
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using the Software.
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6. LICENSEE'S BREACH OF CONTRACT
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In addition to penalties, other sanctions and the like as stated in
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the Swedish Copyright Act (1960:729), or successive legislation as it
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may appear, the Licensee agrees to pay a Contractual Fine in case of
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his/her/their breach of any of the above mentioned obligations,
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including but not limited to, the Licensee's obligation to let only
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one person per license use the Software as stated under above. The
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Contractual Fine is EUR 5000 and is payable by the Licensee to the
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Licenser immediately upon the Licenser having reasonably demonstrated
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that the Licensee is in breach of his obligations in this Agreement.
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7. WARRANTY DISCLAIMER
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THE SOFTWARE IS LICENSED TO YOU "AS IS". TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, KDAB ON BEHALF OF ITSELF AND ITS SUPPLIERS,
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DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
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INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH
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REGARD TO THE SOFTWARE.
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8. LIMITATION OF LIABILITY
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IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO
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YOU BASED ON THE SOFTWARE, KDAB'S ENTIRE LIABILITY TO YOU AND YOUR
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EXCLUSIVE REMEDY SHALL BE, AT REPAIR OR REPLACEMENT OF THE SOFTWARE,
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PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE SOFTWARE AS ORIGINALLY
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DELIVERED TO YOU. KDAB SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO
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YOU BASED ON FAILURE OF THE SOFTWARE IF THE FAILURE RESULTED FROM
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ACCIDENT, ABUSE OR MISAPPLICATION, NOR SHALL KDAB UNDER ANY
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CIRCUMSTANCES BE LIABLE FOR SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY
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DAMAGES, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR
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FOR LOSS OR CORRUPTION OF DATA.
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9. This Agreement may only be modified in writing signed by you and an
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authorized officer of KDAB. All terms of any purchase order or other
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ordering document shall be superseded by this Agreement.
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10. This Agreement shall be construed, interpreted and governed by the
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laws of Sweden, the venue to be Sunne Tingsratt.
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