License Agreement
27 August 2001
1. General Introductory Provisions
IMPORTANT-READ CAREFULLY: This Qt/Embedded Developer License Agreement (this "Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and Trolltech AS ("Trolltech") for the licensing to Licensee of the Qtopia Software Development Framework including software, sample programs, and electronic and/or printed documentation (the "Licensed Software") for use to create software products.
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
Some of the files in the Licensed Software have been grouped into Modules. These files contain specific notices defining the Module of which they are a part. The Modules licensed to Licensee are specified in the license certificate ("License Certificate") accompanying the Licensed Software. The terms of the License Certificate are considered part of the Agreement. In the event of inconsistency or conflict between the language of this Agreement and the License Certificate, the provisions of this Agreement shall govern.
By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee should not install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee may receive separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee should not install, copy, or otherwise use such Updates.
Upon Licensee's acceptance of the terms and conditions of this Agreement, Trolltech grants Licensee the right to use the Licensed Software in the manner provided below.
2. End-User License
Trolltech grants to Licensee a nonexclusive, nontransferable license to make and use copies of the Licensed Software for the sole purposes of designing, developing, and testing Licensee's software product(s) ("Products"). Licensee has the right to designate one, and only one, individual within Licensee's organization ("Designated User") who shall have the sole right to use the Licensed Software in the manner provided in this Agreement. Licensee may install copies of the Licensed Software on an unlimited number of computers provided that the Designated User is the only individual using the Licensed Software. Licensee may at any time, but not more frequently than once every six (6) months, designate another individual to replace the current Designated User by notifying Trolltech, so long as there is no more than one Designated User at any given time.
3. Redistribution License
The Licensee may not distribute, transfer, assign or otherwise dispose of, the Licensed Software or any part thereof, solely or as a part of a Product, its source code, in binary/compiled, or in any other form ("Redistributables"), except as provided by a separate distribution agreement with Trolltech.
Notwithstanding the above limitation, the Licensee may distribute the Product in binary/compiled form, dynamically linked against the Licensed Software, provided the only parts of the Licensed Software included in the Product are derived from the header files of the Licensed Software, and that no other parts of the Licensed Software are distributed in any form.
4. Generally Applicable Provisions
The license granted Licensee in this Agreement for Licensee to create and distribute Products to Purchasers of the Products is subject to all of the following conditions: (i) all copies of the Products Licensee creates must bear a valid copyright notice; (ii) Licensee may not remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Licensed Software; (iii) Redistributables, if any, shall be licensed to Licensee's customers "as is"; (iv) Licensee will indemnify and hold Trolltech, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of Licensee's Products and of Redistributables; (v) Licensee's Products must be written using a licensed, registered copy of the Licensed Software; (vi) Licensee's Products must add primary and substantial functionality to the Licensed Software, (vii) Licensee's Products may not pass on functionality which in any way makes it possible for others to create Products or Redistributables with the Licensed Product (viii) the Licensee's Products may not compete with the Licensed Software; (ix) Licensee may not use Trolltech's or any of its suppliers' names, logos, or trademarks to market Licensee's Products, except to state that Licensee's program was written using the Licensed Software.
WARRANTY DISCLAIMER. THE LICENSED SOFTWARE IS LICENSED TO LICENSEE "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TROLLTECH 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 SOFTWARE.
LIMITATION OF LIABILITY. If Trolltech's warranty disclaimer notwithstanding, Trolltech is held to be liable to Licensee, based on the Licensed Software, Trolltech's entire liability to Licensee and Licensee's exclusive remedy shall be, at Trolltech's option, either (a) return of the price Licensee paid for the Licensed Software, or (b) repair or replacement of the Licensed Software, provided Licensee returns to Trolltech all copies of the Licensed Software as originally delivered to Licensee. Trolltech shall not under any circumstances be liable to Licensee based on failure of the Licensed Software if the failure resulted from accident, abuse or misapplication, nor shall Trolltech 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 Trolltech to Licensee shall not exceed the total amount Licensee has paid to Trolltech in connection with this Agreement.
Licensee will receive email based software developer support and access to Updates to the Licensed Software for one year from the date of initial delivery, in accordance with Trolltech support policies and procedures. Such policies and procedures may be changed from time to time.
This Agreement may only be modified in writing signed by Licensee and Trolltech. All terms of any purchase order or other ordering document shall be superseded by this Agreement. If any provision of the Agreement 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 Agreement shall remain in effect.
This Agreement shall be construed, interpreted and governed by the laws of Norway, the legal venue to be Oslo City Court. Trolltech reserves all rights not specifically granted in this Agreement.