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LICENSE.txt
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LICENSE.txt
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KD Soap COMMERCIAL LICENSE AGREEMENT
FOR COMMERCIAL VERSIONS
Version 1.0
Copyright of this license text (C) 2001 Trolltech AS and (C) 2002-2010
Klaralvdalens Datakonsult AB. All rights reserved. License text used
with kind permission of Trolltech AS. The software and accompanying
material is Copyright (C) 2010-2011 Klaralvdalens Datakonsult AB.
This non-exclusive non-transferable License Agreement ("Agreement") is
between you ("Licensee") and Klaralvdalens Datakonsult AB (KDAB), and
pertains to the Klaralvdalens Datakonsult AB software product(s)
accompanying this Agreement, which include(s) computer software and
may include "online" or electronic documentation, associated media,
and printed materials, including the source code, example programs and
the documentation ("Software").
COPYRIGHT AND RESTRICTIONS
1. All intellectual property rights in the Software are owned by KDAB
and are protected by Swedish copyright laws, other applicable
copyright laws, and international treaty provisions. KDAB retains all
rights not expressly granted. No title, property rights or copyright
in the Software or in any modifications to the Software shall pass to
the Licensee under any circumstances. The Software is licensed, not
sold.
2. By installing, copying, or otherwise using the Software, you agree
to be bound by the terms of this agreement. If you do not agree to the
terms of this Agreement, do not install, copy, or otherwise use the
Software.
3. Upon your acceptance of the terms and conditions of this Agreement,
KDAB grants you the right to use the Software in the manner provided
below.
4. KDAB grants to you as an individual a personal, nonexclusive,
non-transferable license to make and use copies of the Software for
the sole purposes of designing, developing, testing and distributing
your software product(s) ("Applications"). You may install copies of
the Software on an unlimited number of computers provided that you are
the only individual using the Software. 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 Software in
the manner provided above.
5. The license granted in this Agreement for you to create and
distribute your own Applications 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 Software; (ii) you may not remove or alter any
copyright, trademark or other proprietary rights notice contained in
any portion of the Software; (iii) 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 and/or reproduction of
your Applications; (iv) your Applications must be written using a
licensed, registered copy of the Software; (v) your Applications must
add primary and substantial functionality to the Software; (vi) your
Applications may not pass on functionality which in any way makes it
possible for others to create Applications with the Software; (vii)
your Applications may not compete with the Software; (viii) 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 Software.
6. 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.
7. WARRANTY DISCLAIMER
THE SOFTWARE 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 SOFTWARE.
8. LIMITATION OF LIABILITY
IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO
YOU BASED ON THE SOFTWARE, KDAB'S ENTIRE LIABILITY TO YOU AND YOUR
EXCLUSIVE REMEDY SHALL BE, AT REPAIR OR REPLACEMENT OF THE SOFTWARE,
PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE SOFTWARE AS ORIGINALLY
DELIVERED TO YOU. KDAB SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO
YOU BASED ON FAILURE OF THE SOFTWARE 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.
9. This Agreement 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 Agreement.
10. This Agreement shall be construed, interpreted and governed by the
laws of Sweden, the venue to be Sunne Tingsratt.