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LicenseRef-KDAB-KDStateMachineEditor.txt
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LicenseRef-KDAB-KDStateMachineEditor.txt
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KDStateMachineEditor END-USER LICENSE AGREEMENT (EULA)
FOR COMMERCIAL VERSIONS
November 1, 2019
IMPORTANT-READ CAREFULLY: This Klarälvdalens Datakonsult AB End-User
License Agreement ("EULA") 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
“KDStateMachineEditor” ("Licensed Product").
By installing, copying, or downloading the Licensed Product, you agree
to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, 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 EULA, KDAB
grants you the right to use the Licensed Product as provided below.
GRANT OF RIGHTS
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 for the purpose of designing,
developing, and testing your software product(s) ("Applications").
If you are an individual, you may install copies of the Licensed
Product on all of your computers provided that you are the only
individual using the Licensed Product.
If you are a legal entity, you may provide as many staff members
("Designated User") with copies of the Licensed Product as you have
licensed. Any Designated User is permitted to install copies of the
Licensed Product on all of the Designated User’s computers provided
that the respective Designated User is the only individual using the
Licensed Product. If you are a legal entity, You may at any time
designate another individual to replace the current Designated User,
so long as there is no more than one Designated User per license at
any given time.
To the extent that the Licensed Product includes software code
("Included Code") in your Applications for the intended purpose of
designing, developing, and testing your Applications you are permitted
to create a derivative or combined work consisting of your
Applications and the Included Code and to use the derivative or
combined work internally for the intended purpose. However, KDAB does
not grant the right to redistribute the combination of your
Application with the Included Code to third parties without prior
written consent of KDAB.
Nothing in this License 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.
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.
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.
GENERAL PROVISIONS
This EULA 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 EULA. If any provision
of the EULA 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 EULA shall be construed, interpreted and governed
by the laws of Sweden, the venue to be Sunne Tingsratt.