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139 lines
7.3 KiB
139 lines
7.3 KiB
KD Tools COMMERCIAL LICENSE AGREEMENT
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FOR COMMERCIAL VERSIONS
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March 27, 2002
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IMPORTANT-READ CAREFULLY: This Klarälvdalens Datakonsult AB End-User
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License Agreement ("EULA") is a legal agreement between you (either an
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individual or a legal entity) and Klarälvdalens Datakonsult AB
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("KDAB") for the Klarälvdalens Datakonsult AB software product(s)
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accompanying this EULA, which include(s) computer software and may
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include "online" or electronic documentation, associated media, and
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printed materials ("Licensed Product").
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The Licensed Product is protected by copyright laws and international
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copyright treaties, as well as other intellectual property laws and
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treaties. The Licensed Product is licensed, not sold.
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By installing, copying, or otherwise using the Licensed Product, you
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agree to be bound by the terms of this EULA. If you do not agree to
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the terms of this EULA, do not install, copy, or otherwise use the
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Licensed Product; you may, however, return it to your place of
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purchase for a full refund. In addition, by installing, copying, or
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otherwise using any updates or other components of the Licensed
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Product that you receive separately as part of the Licensed Product
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("Updates"), you agree to be bound by any additional license terms
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that accompany such Updates. If you do not agree to the additional
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license terms that accompany such Updates, you may not install, copy,
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or otherwise use such Updates.
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Upon your acceptance of the terms and conditions of this EULA, KDAB
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grants you the right to use the Licensed Product in the manner
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provided below.
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KDAB grants to you as an individual a personal, nonexclusive,
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nontransferable license to make and use copies of the Licensed Product
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for the sole purposes of designing, developing, and testing your
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software product(s) ("Applications"). You may install copies of the
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Licensed Product on an unlimited number of computers provided that you
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are the only individual using the Licensed Product. If you are an
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entity, KDAB grants you the right to designate one, and only one,
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individual within your organization who shall have the sole right to
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use the Licensed Product in the manner provided above. You may at any
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time, but not more frequently that once every six (6) months,
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designate another individual to replace the current designated user by
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notifying KDAB, so long as there is no more than one designated user
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at any given time.
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GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
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KDAB grants you a nonexclusive, royalty-free right to reproduce and
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distribute the object code form of any portion of the Licensed Product
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("Redistributables") for execution on any operating system of a type
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listed in the License Certificate ("Platforms"). Copies of
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Redistributables may only be distributed with and for the sole purpose
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of executing Applications permitted under this License Agreement that
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you have created using the Licensed Product. Under no circumstances
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may any copies of Redistributables be distributed separately.
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The license granted in this EULA for you to create your own
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Applications and distribute them and the Redistributables (if any) to
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your customers is subject to all of the following conditions: (i) all
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copies of the Applications you create must bear a valid copyright
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notice, either your own or the copyright notice that appears on the
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Licensed Product; (ii) you may not remove or alter any copyright,
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trademark or other proprietary rights notice contained in any portion
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of the Licensed Product; (iii) Redistributables, if any, shall be
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licensed to your customer "as is" (KDAB MAKES NO WARRANTIES OR
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REPRESENTATIONS VIS-A-VIS YOUR CUSTOMER WITH RESPECT TO
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REDISTRIBUTABLES, AND KDAB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
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VIS-A-VIS YOUR CUSTOMER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
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INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY
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OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT KDAB KNOWS, HAS
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REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH
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PURPOSE); (iv) you will indemnify and hold KDAB, its related companies
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and its suppliers, harmless from and against any claims or liabilities
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arising out of the use, reproduction or distribution of your
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Applications; (v) your Applications must be written using a licensed,
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registered copy of the Licensed Product; (vi) your Applications must
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add primary and substantial functionality to the Licensed Product;
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(vii) your Applications may not pass on functionality which in any way
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makes it possible for others to create Applications with the Software;
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(viii) your Applications may not compete with the Licensed Product;
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(ix)) you may not use KDAB's or any of its suppliers' names, logos, or
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trademarks to market your programs, except to state that your program
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was written using the Licensed Product.
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WARRANTY DISCLAIMER
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THE LICENSED PRODUCT IS LICENSED TO YOU "AS IS". TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, KDAB ON BEHALF OF ITSELF AND ITS
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SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
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NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT. THIS WARRANTY
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DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH
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MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
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LIMITATION OF LIABILITY
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IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO
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YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE
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LICENSED PRODUCT, KDAB'S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE
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REMEDY SHALL BE, AT KDAB'S OPTION, EITHER (A) RETURN OF THE PRICE YOU
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PAID FOR THE LICENSED PRODUCT, OR (B) REPAIR OR REPLACEMENT OF THE
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LICENSED PRODUCT, PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE
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LICENSED PRODUCT AS ORIGINALLY DELIVERED TO YOU. KDAB SHALL NOT UNDER
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ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED
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PRODUCT IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR
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MISAPPLICATION, NOR SHALL KDAB UNDER ANY CIRCUMSTANCES BE LIABLE FOR
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SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF
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PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA.
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ANY AWARD OF DAMAGES FROM KDAB TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT
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YOU HAVE PAID TO KDAB IN CONNECTION WITH THIS EULA.
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SUPPORT AND UPDATES
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You will receive email based, software developer support and access to
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Updates to the Licensed Product for one year from the date of initial
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delivery, in accordance with KDAB support policies and procedures.
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Such policies and procedures may be changed from time to time.
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GENERAL PROVISIONS
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This EULA 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 EULA. If any provision
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of the EULA is found void or unenforceable, the remainder will remain
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valid and enforceable according to its terms. If any remedy provided
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is determined to have failed for its essential purpose, all
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limitations of liability and exclusions of damages set forth in this
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EULA shall remain in effect.
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This EULA shall be construed, interpreted and governed by the laws of
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Sweden, the venue to be Sunne Tingsrätt. The EULA gives you specific
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legal rights; you may have others, which vary from state to state and
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from country to country. KDAB reserves all rights not specifically
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granted in this EULA.
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