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| 1 | +KD Reports COMMERCIAL LICENSE AGREEMENT |
| 2 | +FOR COMMERCIAL VERSIONS |
| 3 | +March 27, 2002 |
| 4 | + |
| 5 | + |
| 6 | +IMPORTANT-READ CAREFULLY: This Klaralvdalens Datakonsult AB End-User |
| 7 | +License Agreement ("EULA") is a legal agreement between you (either an |
| 8 | +individual or a legal entity) and Klaralvdalens Datakonsult AB |
| 9 | +("KDAB") for the Klaralvdalens Datakonsult AB software product(s) |
| 10 | +accompanying this EULA, which include(s) computer software and may |
| 11 | +include "online" or electronic documentation, associated media, and |
| 12 | +printed materials ("Licensed Product"). |
| 13 | + |
| 14 | +The Licensed Product is protected by copyright laws and international |
| 15 | +copyright treaties, as well as other intellectual property laws and |
| 16 | +treaties. The Licensed Product is licensed, not sold. |
| 17 | + |
| 18 | +By installing, copying, or otherwise using the Licensed Product, you |
| 19 | +agree to be bound by the terms of this EULA. If you do not agree to |
| 20 | +the terms of this EULA, do not install, copy, or otherwise use the |
| 21 | +Licensed Product; you may, however, return it to your place of |
| 22 | +purchase for a full refund. In addition, by installing, copying, or |
| 23 | +otherwise using any updates or other components of the Licensed |
| 24 | +Product that you receive separately as part of the Licensed Product |
| 25 | +("Updates"), you agree to be bound by any additional license terms |
| 26 | +that accompany such Updates. If you do not agree to the additional |
| 27 | +license terms that accompany such Updates, you may not install, copy, |
| 28 | +or otherwise use such Updates. |
| 29 | + |
| 30 | +Upon your acceptance of the terms and conditions of this EULA, KDAB |
| 31 | +grants you the right to use the Licensed Product in the manner |
| 32 | +provided below. |
| 33 | + |
| 34 | +KDAB grants to you as an individual a personal, nonexclusive, |
| 35 | +nontransferable license to make and use copies of the Licensed Product |
| 36 | +for the sole purposes of designing, developing, and testing your |
| 37 | +software product(s) ("Applications"). You may install copies of the |
| 38 | +Licensed Product on an unlimited number of computers provided that you |
| 39 | +are the only individual using the Licensed Product. If you are an |
| 40 | +entity, KDAB grants you the right to designate one, and only one, |
| 41 | +individual within your organization who shall have the sole right to |
| 42 | +use the Licensed Product in the manner provided above. You may at any |
| 43 | +time, but not more frequently that once every six (6) months, |
| 44 | +designate another individual to replace the current designated user by |
| 45 | +notifying KDAB, so long as there is no more than one designated user |
| 46 | +at any given time. |
| 47 | + |
| 48 | + |
| 49 | +GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES |
| 50 | +KDAB grants you a nonexclusive, royalty-free right to reproduce and |
| 51 | +distribute the object code form of any portion of the Licensed Product |
| 52 | +("Redistributables") for execution on any operating system of a type |
| 53 | +listed in the License Certificate ("Platforms"). Copies of |
| 54 | +Redistributables may only be distributed with and for the sole purpose |
| 55 | +of executing Applications permitted under this License Agreement that |
| 56 | +you have created using the Licensed Product. Under no circumstances |
| 57 | +may any copies of Redistributables be distributed separately. |
| 58 | + |
| 59 | +The license granted in this EULA for you to create your own |
| 60 | +Applications and distribute them and the Redistributables (if any) to |
| 61 | +your customers is subject to all of the following conditions: (i) all |
| 62 | +copies of the Applications you create must bear a valid copyright |
| 63 | +notice, either your own or the copyright notice that appears on the |
| 64 | +Licensed Product; (ii) you may not remove or alter any copyright, |
| 65 | +trademark or other proprietary rights notice contained in any portion |
| 66 | +of the Licensed Product; (iii) Redistributables, if any, shall be |
| 67 | +licensed to your customer "as is" (KDAB MAKES NO WARRANTIES OR |
| 68 | +REPRESENTATIONS VIS-A-VIS YOUR CUSTOMER WITH RESPECT TO |
| 69 | +REDISTRIBUTABLES, AND KDAB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES |
| 70 | +VIS-A-VIS YOUR CUSTOMER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, |
| 71 | +INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY |
| 72 | +OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT KDAB KNOWS, HAS |
| 73 | +REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH |
| 74 | +PURPOSE); (iv) you will indemnify and hold KDAB, its related companies |
| 75 | +and its suppliers, harmless from and against any claims or liabilities |
| 76 | +arising out of the use, reproduction or distribution of your |
| 77 | +Applications; (v) your Applications must be written using a licensed, |
| 78 | +registered copy of the Licensed Product; (vi) your Applications must |
| 79 | +add primary and substantial functionality to the Licensed Product; |
| 80 | +(vii) your Applications may not pass on functionality which in any way |
| 81 | +makes it possible for others to create Applications with the Software; |
| 82 | +(viii) your Applications may not compete with the Licensed Product; |
| 83 | +(ix)) you may not use KDAB's or any of its suppliers' names, logos, or |
| 84 | +trademarks to market your programs, except to state that your program |
| 85 | +was written using the Licensed Product. |
| 86 | + |
| 87 | +LICENSEE'S BREACH OF CONTRACT |
| 88 | +In addition to penalties, other sanctions and the like as stated in |
| 89 | +the Swedish Copyright Act (1960:729), or successive legislation as it |
| 90 | +may appear, the Licensee agrees to pay a Contractual Fine in case of |
| 91 | +his/her/their breach of any of the above mentioned obligations, |
| 92 | +including but not limited to, the Licensee's obligation to let only |
| 93 | +one person per license use the Software as stated under above. The |
| 94 | +Contractual Fine is EUR 5000 and is payable by the Licensee to the |
| 95 | +Licenser immediately upon the Licenser having reasonably demonstrated |
| 96 | +that the Licensee is in breach of his obligations in this Agreement. |
| 97 | + |
| 98 | +WARRANTY DISCLAIMER |
| 99 | +THE LICENSED PRODUCT IS LICENSED TO YOU "AS IS". TO THE MAXIMUM |
| 100 | +EXTENT PERMITTED BY APPLICABLE LAW, KDAB ON BEHALF OF ITSELF AND ITS |
| 101 | +SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR |
| 102 | +IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF |
| 103 | +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND |
| 104 | +NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT. THIS WARRANTY |
| 105 | +DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH |
| 106 | +MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. |
| 107 | + |
| 108 | + |
| 109 | +LIMITATION OF LIABILITY |
| 110 | +IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO |
| 111 | +YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE |
| 112 | +LICENSED PRODUCT, KDAB'S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE |
| 113 | +REMEDY SHALL BE, AT KDAB'S OPTION, EITHER (A) RETURN OF THE PRICE YOU |
| 114 | +PAID FOR THE LICENSED PRODUCT, OR (B) REPAIR OR REPLACEMENT OF THE |
| 115 | +LICENSED PRODUCT, PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE |
| 116 | +LICENSED PRODUCT AS ORIGINALLY DELIVERED TO YOU. KDAB SHALL NOT UNDER |
| 117 | +ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED |
| 118 | +PRODUCT IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR |
| 119 | +MISAPPLICATION, NOR SHALL KDAB UNDER ANY CIRCUMSTANCES BE LIABLE FOR |
| 120 | +SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF |
| 121 | +PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA. |
| 122 | +ANY AWARD OF DAMAGES FROM KDAB TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT |
| 123 | +YOU HAVE PAID TO KDAB IN CONNECTION WITH THIS EULA. |
| 124 | + |
| 125 | + |
| 126 | +SUPPORT AND UPDATES |
| 127 | +You will receive email based, software developer support and access to |
| 128 | +Updates to the Licensed Product for one year from the date of initial |
| 129 | +delivery, in accordance with KDAB support policies and procedures. |
| 130 | +Such policies and procedures may be changed from time to time. |
| 131 | + |
| 132 | + |
| 133 | +GENERAL PROVISIONS |
| 134 | +This EULA may only be modified in writing signed by you and an |
| 135 | +authorized officer of KDAB. All terms of any purchase order or other |
| 136 | +ordering document shall be superseded by this EULA. If any provision |
| 137 | +of the EULA is found void or unenforceable, the remainder will remain |
| 138 | +valid and enforceable according to its terms. If any remedy provided |
| 139 | +is determined to have failed for its essential purpose, all |
| 140 | +limitations of liability and exclusions of damages set forth in this |
| 141 | +EULA shall remain in effect. |
| 142 | + |
| 143 | +This EULA shall be construed, interpreted and governed by the laws of |
| 144 | +Sweden, the venue to be Sunne Tingsratt. The EULA gives you specific |
| 145 | +legal rights; you may have others, which vary from state to state and |
| 146 | +from country to country. KDAB reserves all rights not specifically |
| 147 | +granted in this EULA. |
| 148 | + |
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