This Trolltech
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Trolltech retains all rights not expressly granted. No title, property rights or copyright in the Licensed Software or in any modifications to the Licensed Software shall pass to the Licensee under any circumstances. The Licensed Software is licensed, not sold.
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.
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.
Trolltech grants to Licensee a personal,
Licensee may not loan, rent, lease, or license the Licensed Software or any copy of it. Licensee may not alter or remove any details of ownership, copyright, trademark or other property right connected with the Licensed Software. Licensee may not modify or distribute the Licensed Software. Licensee may not distribute any software statically or dynamically linked with the Licensed Software.
(3)years from the Effective Date (as specified below) of this Agreement unless otherwise specified in a future agreement between the parties. Trolltech and Licensee further agree that each party shall protect the existence and terms of this Agreement, including information about the evaluation of the Licensed Software in Licensee's business and terms around such use, as Confidential Information. Confidential Information shall not include that information which (i) becomes part of the public domain through no breach by any of the parties; (ii) is independently developed without use of Confidential Information; or (iii) is rightfully disclosed by a third party.
The right to use the Licensed Software is
The Licensed Software may provide links to third party libraries, content or code (collectively "Third Party Libraries") to implement various functions. Third Party Libraries do not comprise part of the Licensed Software. Access to Third Party Libraries is included along with the Licensed Software delivery as a convenience only. The source code and libraries in such Third Party Libraries may be listed in the "../src/3rdparty" source tree delivered with the Licensed Software, as may be amended from time to time, and do not comprise any of the Licensed Software. Licensee acknowledges (1) that some Third Party Libraries may require additional licensing from the owners or licensors of such, and (2) that use, copying or distribution of any of the Licensed Software referencing any portion of a Third Party Library may require appropriate licensing from such third parties.
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
LIMITATION OF LIABILITY: IF, TROLLTECH'S WARRANTY DISCLAIMER NOTWITHSTANDING, TROLLTECH IS HELD 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,