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LICENSE.EVAL
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ICS EVALUATION LICENSE AGREEMENT
FOR QT BASED PRODUCTS
Agreement version ICS-2.6
IMPORTANT-READ CAREFULLY:
1. This Integrated Computer Solutions Incorporated End-User License
Agreement ("Agreement") is a legal agreement between you (either an
individual or a legal entity) ("Licensee") and Integrated Computer
Solutions Incorporated ("ICS") for the ICS software product(s)
accompanying this Agreement, which include(s) computer software and may
include "online" or electronic documentation, associated media, and
printed materials, including the source code, example programs and the
documentation ("Licensed Software").
2. The Licensed Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. 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.
3. 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.
4. Upon Licensee's acceptance of the terms and conditions of this
Agreement, ICS grants Licensee the right to use the Licensed Software in
the manner provided below.
5. ICS grants to Licensee as an individual a personal, nonexclusive,
nontransferable license to make and use copies of the Licensed Software
for the sole purpose of evaluating the Licensed Software. Licensee may
install copies of the Licensed Software on an unlimited number of
computers provided that Licensee is the only individual using the
Licensed Software.
6. 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.
7. This Licensed Software is time-limited. All rights granted to
Licensee in this agreement will be terminated after the end of the
evaluation period, which is no later than 31 days after Licensee
received the Licensed Software.
8. The Licensed Software may provide links to third party libraries or
code (collectively "Third Party Libraries") to implement various
functions. Third Party Libraries are not prepared by or owned by ICS,
and do not comprise part of the Licensed Software. In some cases, access
to Third Party Libraries may be included along with the Licensed
Software delivery as a convenience for development and testing only.
Such source code and libraries as are or may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software, as
may be amended from time to time, do not comprise the Licensed Software.
Licensee acknowledges (1) that some Third Party Libraries 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 Library may require appropriate licensing
from such third parties. Third Party Libraries include but are not
limited to the following categories: GIF, JPEG and MPEG.
WARRANTY DISCLAIMER
9. THE LICENSED SOFTWARE IS LICENSED TO LICENSEE "AS IS". TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ICS 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. THIS WARRANTY
DISCLAIMER NOTWITHSTANDING, LICENSEE MAY HAVE SPECIFIC LEGAL RIGHTS
WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
10. IF, ICS'S WARRANTY DISCLAIMER NOTWITHSTANDING, ICS IS HELD LIABLE TO
LICENSEE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON
THE LICENSED SOFTWARE, ICS'S ENTIRE LIABILITY TO LICENSEE AND LICENSEE'S
EXCLUSIVE REMEDY SHALL BE, AT ICS'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 ICS
ALL COPIES OF THE LICENSED SOFTWARE AS ORIGINALLY DELIVERED TO LICENSEE.
ICS 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 ICS 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.
GENERAL PROVISIONS
11. 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.
12. This Agreement may only be modified in writing signed by authorized
representatives of Licensee and ICS. 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.
13. This Agreement shall be construed, interpreted and governed by the
laws of the Commonwealth of Massachusetts, USA. Any action or proceeding
arising from or relating to this Agreement shall be brought in the
Federal Courts sitting in Boston, Massachusetts or in the State Court in
Middlesex County, Massachusetts, and each party irrevocably submits to
the personal jurisdiction of any such court in any such action or
proceeding. The Agreement gives Licensee specific legal rights; Licensee
may have others, which vary from state to state and from country to
country. ICS reserves all rights not specifically granted in this
Agreement.