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authorSergio Ahumada <sergio.ahumada@digia.com>2013-05-29 14:33:02 +0200
committerThe Qt Project <gerrit-noreply@qt-project.org>2013-05-30 22:32:43 +0200
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+TECHNOLOGY PREVIEW LICENSE AGREEMENT
+
+For individuals and/or legal entities resident in the Americas (North
+America, Central America and South America), the applicable licensing
+terms are specified under the heading "Technology Preview License
+Agreement: The Americas".
+
+For individuals and/or legal entities not resident in The Americas, the
+applicable licensing terms are specified under the heading "Technology
+Preview License Agreement: Rest of the World".
+
+
+TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
+Agreement version 2.4
+
+This Technology Preview License Agreement ("Agreement")is a legal agreement
+between Digia USA, Inc. ("Digia"), with its registered office at 32 W.
+Loockerman Street, Suite 201, City of Dover, County of Kent, Delaware 19904,
+U.S.A. and you (either an individual or a legal entity) ("Licensee") for the
+Licensed Software (as defined below).
+
+1. DEFINITIONS
+
+"Affiliate" of a Party shall mean an entity (i) which is directly or
+indirectly controlling such Party; (ii) which is under the same direct
+or indirect ownership or control as such Party; or (iii) which is
+directly or indirectly owned or controlled by such Party. For these
+purposes, an entity shall be treated as being controlled by another if
+that other entity has fifty percent (50 %) or more of the votes in such
+entity, is able to direct its affairs and/or to control the composition
+of its board of directors or equivalent body.
+
+"Applications" shall mean Licensee's software products created using the
+Licensed Software which may include portions of the Licensed Software.
+
+"Term" shall mean the period of time six (6) months from the later of
+(a) the Effective Date; or (b) the date the Licensed Software was
+initially delivered to Licensee by Digia. If no specific Effective Date
+is set forth in the Agreement, the Effective Date shall be deemed to be
+the date the Licensed Software was initially delivered to Licensee.
+
+"Licensed Software" shall mean the computer software, "online" or
+electronic documentation, associated media and printed materials,
+including the source code, example programs and the documentation
+delivered by Digia to Licensee in conjunction with this Agreement.
+
+"Party" or "Parties" shall mean Licensee and/or Digia.
+
+
+2. OWNERSHIP
+
+The Licensed Software is protected by copyright laws and international
+copyright treaties, as well as other intellectual property laws and
+treaties. The Licensed Software is licensed, not sold.
+
+If Licensee provides any findings, proposals, suggestions or other
+feedback ("Feedback") to Digia regarding the Licensed Software, Digia
+shall own all right, title and interest including the intellectual
+property rights in and to such Feedback, excluding however any existing
+patent rights of Licensee. To the extent Licensee owns or controls any
+patents for such Feedback Licensee hereby grants to Digia and its
+Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
+royalty-free license to (i) use, copy and modify Feedback and to create
+derivative works thereof, (ii) to make (and have made), use, import,
+sell, offer for sale, lease, dispose, offer for disposal or otherwise
+exploit any products or services of Digia containing Feedback, and
+(iii) sublicense all the foregoing rights to third party licensees and
+customers of Digia and/or its Affiliates.
+
+
+3. VALIDITY OF THE AGREEMENT
+
+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 may not install,
+copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
+of the terms and conditions of this Agreement, Digia grants Licensee the
+right to use the Licensed Software in the manner provided below.
+
+
+4. LICENSES
+
+4.1. Using and Copying
+
+Digia grants to Licensee a non-exclusive, non-transferable, time-limited
+license to use and copy the Licensed Software for sole purpose of
+designing, developing and testing Applications, and evaluating and the
+Licensed Software during the Term.
+
+Licensee may install copies of the Licensed Software on an unlimited
+number of computers provided that (a) if an individual, only such
+individual; or (b) if a legal entity only its employees; use the
+Licensed Software for the authorized purposes.
+
+4.2 No Distribution or Modifications
+
+Licensee may not disclose, modify, sell, market, commercialise,
+distribute, loan, rent, lease, or license the Licensed Software or any
+copy of it or use the Licensed Software for any purpose that is not
+expressly granted in this Section 4. Licensee may not alter or remove
+any details of ownership, copyright, trademark or other property right
+connected with the Licensed Software. Licensee may not distribute any
+software statically or dynamically linked with the Licensed Software.
+
+4.3 No Technical Support
+
+Digia has no obligation to furnish Licensee with any technical support
+whatsoever. Any such support is subject to separate agreement between
+the Parties.
+
+
+5. PRE-RELEASE CODE
+The Licensed Software contains pre-release code that is not at the level
+of performance and compatibility of a final, generally available,
+product offering. The Licensed Software may not operate correctly and
+may be substantially modified prior to the first commercial product
+release, if any. Digia is not obligated to make this or any later
+version of the Licensed Software commercially available. The License
+Software is "Not for Commercial Use" and may only be used for the
+purposes described in Section 4. The Licensed Software may not be used
+in a live operating environment where it may be relied upon to perform
+in the same manner as a commercially released product or with data that
+has not been sufficiently backed up.
+
+6. THIRD PARTY SOFTWARE
+
+The Licensed Software may provide links to third party libraries or code
+(collectively "Third Party Software") to implement various functions.
+Third Party Software does not comprise part of the Licensed Software. In
+some cases, access to Third Party Software may be included along with
+the Licensed Software delivery as a convenience for development and
+testing only. Such source code and libraries may be listed in the
+".../src/3rdparty" source tree delivered with the Licensed Software or
+documented in the Licensed Software where the Third Party Software is
+used, as may be amended from time to time, do not comprise the Licensed
+Software. Licensee acknowledges (1) that some part of Third Party
+Software may require additional licensing of copyright and patents from
+the owners of such, and (2) that distribution of any of the Licensed
+Software referencing any portion of a Third Party Software may require
+appropriate licensing from such third parties.
+
+
+7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
+
+The Licensed Software is licensed to Licensee "as is". To the maximum
+extent permitted by applicable law, Digia 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 Software.
+
+
+8. LIMITATION OF LIABILITY
+
+If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
+Licensee, whether in contract, tort or any other legal theory, based on
+the Licensed Software, Digia's entire liability to Licensee and
+Licensee's exclusive remedy shall be, at Digia'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 Digia all copies of the Licensed Software as originally
+delivered to Licensee. Digia 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 Digia 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 Digia to Licensee
+shall not exceed the total amount Licensee has paid to Digia in
+connection with this Agreement.
+
+
+9. CONFIDENTIALITY
+
+Each party acknowledges that during the Term of this Agreement it shall
+have access to information about the other party's business, business
+methods, business plans, customers, business relations, technology, and
+other information, including the terms of this Agreement, that is
+confidential and of great value to the other party, and the value of
+which would be significantly reduced if disclosed to third parties (the
+"Confidential Information"). Accordingly, when a party (the "Receiving
+Party") receives Confidential Information from another party (the
+"Disclosing Party"), the Receiving Party shall, and shall obligate its
+employees and agents and employees and agents of its Affiliates to: (i)
+maintain the Confidential Information in strict confidence; (ii) not
+disclose the Confidential Information to a third party without the
+Disclosing Party's prior written approval; and (iii) not, directly or
+indirectly, use the Confidential Information for any purpose other than
+for exercising its rights and fulfilling its responsibilities pursuant
+to this Agreement. Each party shall take reasonable measures to protect
+the Confidential Information of the other party, which measures shall
+not be less than the measures taken by such party to protect its own
+confidential and proprietary information.
+
+"Confidential Information" shall not include information that (a) is or
+becomes generally known to the public through no act or omission of the
+Receiving Party; (b) was in the Receiving Party's lawful possession
+prior to the disclosure hereunder and was not subject to limitations on
+disclosure or use; (c) is developed by the Receiving Party without
+access to the Confidential Information of the Disclosing Party or by
+persons who have not had access to the Confidential Information of the
+Disclosing Party as proven by the written records of the Receiving
+Party; (d) is lawfully disclosed to the Receiving Party without
+restrictions, by a third party not under an obligation of
+confidentiality; or (e) the Receiving Party is legally compelled to
+disclose the information, in which case the Receiving Party shall assert
+the privileged and confidential nature of the information and cooperate
+fully with the Disclosing Party to protect against and prevent
+disclosure of any Confidential Information and to limit the scope of
+disclosure and the dissemination of disclosed Confidential Information
+by all legally available means.
+
+The obligations of the Receiving Party under this Section shall continue
+during the Initial Term and for a period of five (5) years after
+expiration or termination of this Agreement. To the extent that the
+terms of the Non-Disclosure Agreement between Digia and Licensee
+conflict with the terms of this Section 9, this Section 9 shall be
+controlling over the terms of the Non-Disclosure Agreement.
+
+
+10. GENERAL PROVISIONS
+
+10.1 No Assignment
+
+Licensee shall not be entitled to assign or transfer all or any of its
+rights, benefits and obligations under this Agreement without the prior
+written consent of Digia, which shall not be unreasonably withheld.
+
+10.2 Termination
+
+Digia may terminate the Agreement at any time immediately upon written
+notice by Digia to Licensee if Licensee breaches this Agreement.
+
+Upon termination of this Agreement, Licensee shall return to Digia all
+copies of Licensed Software that were supplied by Digia. All other
+copies of Licensed Software in the possession or control of Licensee
+must be erased or destroyed. An officer of Licensee must promptly
+deliver to Digia a written confirmation that this has occurred.
+
+10.3 Surviving Sections
+
+Any terms and conditions that by their nature or otherwise reasonably
+should survive a cancellation or termination of this Agreement shall
+also be deemed to survive. Such terms and conditions include, but are
+not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
+10.5, 10.6, 10.7, and 10.8 of this Agreement.
+
+10.4 Entire Agreement
+
+This Agreement constitutes the complete agreement between the parties
+and supersedes all prior or contemporaneous discussions,
+representations, and proposals, written or oral, with respect to the
+subject matters discussed herein, with the exception of the
+non-disclosure agreement executed by the parties in connection with this
+Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
+Section 9. No modification of this Agreement shall be effective unless
+contained in a writing executed by an authorized representative of each
+party. No term or condition contained in Licensee's purchase order shall
+apply unless expressly accepted by Digia in writing. If any provision of
+the Agreement is found void or unenforceable, the remainder shall 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.
+
+10.5 Export Control
+
+Licensee acknowledges that the Licensed Software may be subject to
+export control restrictions of various countries. Licensee shall fully
+comply with all applicable export license restrictions and requirements
+as well as with all laws and regulations relating to the importation of
+the Licensed Software and shall procure all necessary governmental
+authorizations, including without limitation, all necessary licenses,
+approvals, permissions or consents, where necessary for the
+re-exportation of the Licensed Software.,
+
+10.6 Governing Law and Legal Venue
+
+This Agreement shall be governed by and construed in accordance with the
+federal laws of the United States of America and the internal laws of
+the State of New York without given effect to any choice of law rule
+that would result in the application of the laws of any other
+jurisdiction. The United Nations Convention on Contracts for the
+International Sale of Goods (CISG) shall not apply. Each Party (a)
+hereby irrevocably submits itself to and consents to the jurisdiction of
+the United States District Court for the Southern District of New York
+(or if such court lacks jurisdiction, the state courts of the State of
+New York) for the purposes of any action, claim, suit or proceeding
+between the Parties in connection with any controversy, claim, or
+dispute arising out of or relating to this Agreement; and (b) hereby
+waives, and agrees not to assert by way of motion, as a defense or
+otherwise, in any such action, claim, suit or proceeding, any claim that
+is not personally subject to the jurisdiction of such court(s), that the
+action, claim, suit or proceeding is brought in an inconvenient forum or
+that the venue of the action, claim, suit or proceeding is improper.
+Notwithstanding the foregoing, nothing in this Section 9.6 is intended
+to, or shall be deemed to, constitute a submission or consent to, or
+selection of, jurisdiction, forum or venue for any action for patent
+infringement, whether or not such action relates to this Agreement.
+
+10.7 No Implied License
+
+There are no implied licenses or other implied rights granted under this
+Agreement, and all rights, save for those expressly granted hereunder,
+shall remain with Digia and its licensors. In addition, no licenses or
+immunities are granted to the combination of the Licensed Software with
+any other software or hardware not delivered by Digia under this
+Agreement.
+
+10.8 Government End Users
+
+A "U.S. Government End User" shall mean any agency or entity of the
+government of the United States. The following shall apply if Licensee
+is a U.S. Government End User. The Licensed Software is a "commercial
+item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
+consisting of "commercial computer software" and "commercial computer
+software documentation," as such terms are used in 48 C.F.R. 12.212
+(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
+through 227.7202-4 (June 1995), all U.S. Government End Users acquire
+the Licensed Software with only those rights set forth herein. The
+Licensed Software (including related documentation) is provided to U.S.
+Government End Users: (a) only as a commercial end item; and (b) only
+pursuant to this Agreement.
+
+
+
+
+
+TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World
+Agreement version 2.4
+
+This Technology Preview License Agreement ("Agreement") is a legal
+agreement between Digia Finland Ltd ("Digia"), with its registered office at
+Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a
+legal entity) ("Licensee") for the Licensed Software.
+
+1. DEFINITIONS
+
+"Affiliate" of a Party shall mean an entity (i) which is directly or
+indirectly controlling such Party; (ii) which is under the same direct
+or indirect ownership or control as such Party; or (iii) which is
+directly or indirectly owned or controlled by such Party. For these
+purposes, an entity shall be treated as being controlled by another if
+that other entity has fifty percent (50 %) or more of the votes in such
+entity, is able to direct its affairs and/or to control the composition
+of its board of directors or equivalent body.
+
+"Applications" shall mean Licensee's software products created using the
+Licensed Software which may include portions of the Licensed Software.
+
+"Term" shall mean the period of time six (6) months from the later of
+(a) the Effective Date; or (b) the date the Licensed Software was
+initially delivered to Licensee by Digia. If no specific Effective Date
+is set forth in the Agreement, the Effective Date shall be deemed to be
+the date the Licensed Software was initially delivered to Licensee.
+
+"Licensed Software" shall mean the computer software, "online" or
+electronic documentation, associated media and printed materials,
+including the source code, example programs and the documentation
+delivered by Digia to Licensee in conjunction with this Agreement.
+
+"Party" or "Parties" shall mean Licensee and/or Digia.
+
+
+2. OWNERSHIP
+
+The Licensed Software is protected by copyright laws and international
+copyright treaties, as well as other intellectual property laws and
+treaties. The Licensed Software is licensed, not sold.
+
+If Licensee provides any findings, proposals, suggestions or other
+feedback ("Feedback") to Digia regarding the Licensed Software, Digia
+shall own all right, title and interest including the intellectual
+property rights in and to such Feedback, excluding however any existing
+patent rights of Licensee. To the extent Licensee owns or controls any
+patents for such Feedback Licensee hereby grants to Digia and its
+Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
+royalty-free license to (i) use, copy and modify Feedback and to create
+derivative works thereof, (ii) to make (and have made), use, import,
+sell, offer for sale, lease, dispose, offer for disposal or otherwise
+exploit any products or services of Digia containing Feedback, and
+(iii) sublicense all the foregoing rights to third party licensees and
+customers of Digia and/or its Affiliates.
+
+3. VALIDITY OF THE AGREEMENT
+
+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 may not install,
+copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
+of the terms and conditions of this Agreement, Digia grants Licensee the
+right to use the Licensed Software in the manner provided below.
+
+
+4. LICENSES
+
+4.1. Using and Copying
+
+Digia grants to Licensee a non-exclusive, non-transferable, time-limited
+license to use and copy the Licensed Software for sole purpose of
+designing, developing and testing Applications, and evaluating and the
+Licensed Software during the Term.
+
+Licensee may install copies of the Licensed Software on an unlimited
+number of computers provided that (a) if an individual, only such
+individual; or (b) if a legal entity only its employees; use the
+Licensed Software for the authorized purposes.
+
+4.2 No Distribution or Modifications
+
+Licensee may not disclose, modify, sell, market, commercialise,
+distribute, loan, rent, lease, or license the Licensed Software or any
+copy of it or use the Licensed Software for any purpose that is not
+expressly granted in this Section 4. Licensee may not alter or remove
+any details of ownership, copyright, trademark or other property right
+connected with the Licensed Software. Licensee may not distribute any
+software statically or dynamically linked with the Licensed Software.
+
+4.3 No Technical Support
+
+Digia has no obligation to furnish Licensee with any technical support
+whatsoever. Any such support is subject to separate agreement between
+the Parties.
+
+
+5. PRE-RELEASE CODE
+
+The Licensed Software contains pre-release code that is not at the level
+of performance and compatibility of a final, generally available,
+product offering. The Licensed Software may not operate correctly and
+may be substantially modified prior to the first commercial product
+release, if any. Digia is not obligated to make this or any later
+version of the Licensed Software commercially available. The License
+Software is "Not for Commercial Use" and may only be used for the
+purposes described in Section 4. The Licensed Software may not be used
+in a live operating environment where it may be relied upon to perform
+in the same manner as a commercially released product or with data that
+has not been sufficiently backed up.
+
+6. THIRD PARTY SOFTWARE
+
+The Licensed Software may provide links to third party libraries or code
+(collectively "Third Party Software") to implement various functions.
+Third Party Software does not comprise part of the Licensed Software. In
+some cases, access to Third Party Software may be included along with
+the Licensed Software delivery as a convenience for development and
+testing only. Such source code and libraries may be listed in the
+".../src/3rdparty" source tree delivered with the Licensed Software or
+documented in the Licensed Software where the Third Party Software is
+used, as may be amended from time to time, do not comprise the Licensed
+Software. Licensee acknowledges (1) that some part of Third Party
+Software may require additional licensing of copyright and patents from
+the owners of such, and (2) that distribution of any of the Licensed
+Software referencing any portion of a Third Party Software may require
+appropriate licensing from such third parties.
+
+
+7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
+
+The Licensed Software is licensed to Licensee "as is". To the maximum
+extent permitted by applicable law, Digia 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 Software.
+
+
+8. LIMITATION OF LIABILITY
+
+If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
+Licensee, whether in contract, tort or any other legal theory, based on
+the Licensed Software, Digia's entire liability to Licensee and
+Licensee's exclusive remedy shall be, at Digia'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 Digia all copies of the Licensed Software as originally
+delivered to Licensee. Digia 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 Digia 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 Digia to Licensee
+shall not exceed the total amount Licensee has paid to Digia in
+connection with this Agreement.
+
+
+9. CONFIDENTIALITY
+
+Each party acknowledges that during the Term of this Agreement it shall
+have access to information about the other party's business, business
+methods, business plans, customers, business relations, technology, and
+other information, including the terms of this Agreement, that is
+confidential and of great value to the other party, and the value of
+which would be significantly reduced if disclosed to third parties (the
+"Confidential Information"). Accordingly, when a party (the "Receiving
+Party") receives Confidential Information from another party (the
+"Disclosing Party"), the Receiving Party shall, and shall obligate its
+employees and agents and employees and agents of its Affiliates to: (i)
+maintain the Confidential Information in strict confidence; (ii) not
+disclose the Confidential Information to a third party without the
+Disclosing Party's prior written approval; and (iii) not, directly or
+indirectly, use the Confidential Information for any purpose other than
+for exercising its rights and fulfilling its responsibilities pursuant
+to this Agreement. Each party shall take reasonable measures to protect
+the Confidential Information of the other party, which measures shall
+not be less than the measures taken by such party to protect its own
+confidential and proprietary information.
+
+"Confidential Information" shall not include information that (a) is or
+becomes generally known to the public through no act or omission of the
+Receiving Party; (b) was in the Receiving Party's lawful possession
+prior to the disclosure hereunder and was not subject to limitations on
+disclosure or use; (c) is developed by the Receiving Party without
+access to the Confidential Information of the Disclosing Party or by
+persons who have not had access to the Confidential Information of the
+Disclosing Party as proven by the written records of the Receiving
+Party; (d) is lawfully disclosed to the Receiving Party without
+restrictions, by a third party not under an obligation of
+confidentiality; or (e) the Receiving Party is legally compelled to
+disclose the information, in which case the Receiving Party shall assert
+the privileged and confidential nature of the information and cooperate
+fully with the Disclosing Party to protect against and prevent
+disclosure of any Confidential Information and to limit the scope of
+disclosure and the dissemination of disclosed Confidential Information
+by all legally available means.
+
+The obligations of the Receiving Party under this Section shall continue
+during the Initial Term and for a period of five (5) years after
+expiration or termination of this Agreement. To the extent that the
+terms of the Non-Disclosure Agreement between Digia and Licensee
+conflict with the terms of this Section 9, this Section 9 shall be
+controlling over the terms of the Non-Disclosure Agreement.
+
+
+10. GENERAL PROVISIONS
+
+10.1 No Assignment
+
+Licensee shall not be entitled to assign or transfer all or any of its
+rights, benefits and obligations under this Agreement without the prior
+written consent of Digia, which shall not be unreasonably withheld.
+
+10.2 Termination
+
+Digia may terminate the Agreement at any time immediately upon written
+notice by Digia to Licensee if Licensee breaches this Agreement.
+
+Upon termination of this Agreement, Licensee shall return to Digia all
+copies of Licensed Software that were supplied by Digia. All other
+copies of Licensed Software in the possession or control of Licensee
+must be erased or destroyed. An officer of Licensee must promptly
+deliver to Digia a written confirmation that this has occurred.
+
+10.3 Surviving Sections
+
+Any terms and conditions that by their nature or otherwise reasonably
+should survive a cancellation or termination of this Agreement shall
+also be deemed to survive. Such terms and conditions include, but are
+not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
+10.5, 10.6, 10.7, and 10.8 of this Agreement.
+
+10.4 Entire Agreement
+
+This Agreement constitutes the complete agreement between the parties
+and supersedes all prior or contemporaneous discussions,
+representations, and proposals, written or oral, with respect to the
+subject matters discussed herein, with the exception of the
+non-disclosure agreement executed by the parties in connection with this
+Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
+Section 9. No modification of this Agreement shall be effective unless
+contained in a writing executed by an authorized representative of each
+party. No term or condition contained in Licensee's purchase order shall
+apply unless expressly accepted by Digia in writing. If any provision of
+the Agreement is found void or unenforceable, the remainder shall 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.
+
+10.5 Export Control
+
+Licensee acknowledges that the Licensed Software may be subject to
+export control restrictions of various countries. Licensee shall fully
+comply with all applicable export license restrictions and requirements
+as well as with all laws and regulations relating to the importation of
+the Licensed Software and shall procure all necessary governmental
+authorizations, including without limitation, all necessary licenses,
+approvals, permissions or consents, where necessary for the
+re-exportation of the Licensed Software.,
+
+10.6 Governing Law and Legal Venue
+
+This Agreement shall be construed and interpreted in accordance with the
+laws of Finland, excluding its choice of law provisions. Any disputes
+arising out of or relating to this Agreement shall be resolved in
+arbitration under the Rules of Arbitration of the Chamber of Commerce of
+Helsinki, Finland. The arbitration tribunal shall consist of one (1), or
+if either Party so requires, of three (3), arbitrators. The award shall
+be final and binding and enforceable in any court of competent
+jurisdiction. The arbitration shall be held in Helsinki, Finland and the
+process shall be conducted in the English language.
+
+10.7 No Implied License
+
+There are no implied licenses or other implied rights granted under this
+Agreement, and all rights, save for those expressly granted hereunder,
+shall remain with Digia and its licensors. In addition, no licenses or
+immunities are granted to the combination of the Licensed Software with
+any other software or hardware not delivered by Digia under this
+Agreement.
+
+10.8 Government End Users
+
+A "U.S. Government End User" shall mean any agency or entity of the
+government of the United States. The following shall apply if Licensee
+is a U.S. Government End User. The Licensed Software is a "commercial
+item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
+consisting of "commercial computer software" and "commercial computer
+software documentation," as such terms are used in 48 C.F.R. 12.212
+(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
+through 227.7202-4 (June 1995), all U.S. Government End Users acquire
+the Licensed Software with only those rights set forth herein. The
+Licensed Software (including related documentation) is provided to U.S.
+Government End Users: (a) only as a commercial end item; and (b) only
+pursuant to this Agreement.
+
+
+
+