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, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA. ANY AWARD OF DAMAGES FROM TROLLTECH TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT LICENSEE HAS PAID TO TROLLTECH IN CONNECTION WITH THIS AGREEMENT.
GENERAL PROVISIONS
This Agreement may only be modified in writing signed by authorized representatives of Licensee and Trolltech. In case of a conflict between the Agreement and the terms of any purchase order or other ordering document, the Agreement shall prevail. 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
Copyright (c)
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following
conditions are met:
•Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
•Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
•Neither name of Intel Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ”AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTEL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANYWAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
