KDDockWidgets product-based DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
November 1, 2021
IMPORTANT-READ CAREFULLY:
This Klarälvdalens Datakonsult AB License Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) and Klarälvdalens Datakonsult AB ("KDAB") for the Klarälvdalens Datakonsult AB software product “KDDockWidgets” ("Licensed Product").
By installing, copying, or downloading the Licensed Product, 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 download the Licensed Product; you may, however, return it to your place of purchase for a full refund.
Upon your acceptance of the terms and conditions of this Agreement, KDAB grants you the right to use the Licensed Product as provided below.
GRANT OF RIGHTS
SOURCE CODE LICENSE
Under the condition of Your payment of all license fees KDAB grants to you a nonexclusive, nontransferable, royalty-bearing, perpetual, and worldwide license to copy and modify the Licensed Product in source code form for the purpose of designing, developing, and testing one (1) of your software product(s) ("Application"). For designing, developing, and/or testing more than one (1) of your software products you must pay the respective license fee for each of your software products.
OBJECT CODE LICENSE
Under the condition of Your payment of all license fees KDAB grants to you a nonexclusive, nontransferable, royalty-bearing, perpetual, and worldwide license to copy the Licensed Product in object code form for the purpose of designing, developing, and testing one (1) of your software product(s) ("Application").
Additionally, You are permitted to link the Licensed Product (KDDockWidgets) in object code form with Your Application for the intended purpose of designing, developing, and testing Your Application and to create a combined work consisting of Your Application and the Licensed Product (KDDockWidgets), and to distribute the combined work to third parties. KDAB agrees that all rights concerning the combined work be owned and shall remain only by You. However, you are not permitted to distribute the Licensed Product (KDDockWidgets) alone. For designing, developing, and/or testing more than one (1) of your software products you must pay the respective license fee for each of your software products.
GENERAL PROVISIONS OF THE LICENSE
You shall inform KDAB (email to kddockwidgets-support@kdab.com) for which of your software products you want to use the Licensed Product within two (2) weeks after starting the software development with the Licensed Product.
If you are a legal entity, you may provide all staff members ("Designated User") working on the software product for which the license has been purchased with copies of the Licensed Product.
Nothing in this License Agreement is intended to reduce, limit, or restrict your rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
Licenses that have been acquired under the provisions of this License Agreement shall continue to be valid post-termination of this License Agreement or, of the support agreement.
Open Source Software
The Licensed Product contains Open Source Software. You may receive a non-exclusive right to use the Open Source Software from the respective rights holders under the conditions provided for in the applicable Open Source licenses. This agreement only applies to the components that are not licensed as Open Source Software. Please find the applicable Open Source licenses in the Annex to this agreement.
WARRANTY DISCLAIMER
THE LICENSED PRODUCT 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 LICENSED PRODUCT. THIS WARRANTY DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
KDAB warrants that the licensed product is free of third party rights, does not contain any code that does telemetry, or accesses the internet, and does not contain malware.
LIMITATION OF LIABILITY
IF, KDAB’S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE LICENSED PRODUCT, KDAB’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE, AT KDAB’S OPTION, EITHER (A) RETURN OF THE PRICE YOU PAID FOR THE LICENSED PRODUCT, OR (B) REPAIR OR REPLACEMENT OF THE LICENSED PRODUCT, PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE LICENSED PRODUCT AS ORIGINALLY DELIVERED TO YOU. KDAB SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED PRODUCT 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.
ANY AWARD OF DAMAGES FROM KDAB TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO KDAB IN CONNECTION WITH THIS EULA.
SUPPORT AND UPDATES
You will receive software developer support and access to Updates to the Licensed Product in accordance with KDAB support policies and procedures as agreed upon in your support agreement with KDAB.
LICENSE FEE
The license fee for KDDockWidgets is €9000. This includes all platforms, including Windows, Linux, and MacOS. Payment of this fee results in the perpetual license grants described above as well as in access to support and updates for one year from the date of purchase. The yearly fee for renewal of the access to support and updates after the first year is €5400 (60% of the original license fee).
GENERAL PROVISIONS
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. 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 EULA shall remain in effect. This Agreement shall be construed, interpreted, and governed by the laws of Sweden, the venue to be Sunne Tingsratt.
ANNEX
ECMEnableSanitizers.cmake is provided under the “3-clause BSD license”, see https://opensource.org/licenses/BSD-3-Clause for details.