KD Tools COMMERCIAL LICENSE AGREEMENT FOR COMMERCIAL VERSIONS Version 1.0 Copyright of this license text (C) 2001 Trolltech AS and (C) 2002 Klarälvdalens Datakonsult AB. All rights reserved. License text used with kind permission of Trolltech AS. The software and accompanying material is Copyright (C) 2002 Klarälvdalens Datakonsult AB. This non-exclusive non-transferable License Agreement ("Agreement") is between you ("Licensee") and Klarälvdalens Datakonsult AB (KDAB), and pertains to the Klarälvdalens 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. 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. 7. 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 Tingsrätt.