covering the following: (i) pricing of the Licensed Software, (ii) the Licensed Software's source code, and (ii) the Licensee's
project and business details, disclosed by either of the parties to the other party under this Agreement. Both parties agree
to maintain Confidential Information in confidence by using a reasonable degree of care in order to ensure that no
unauthorized persons shall have access to the Confidential Information. The parties agree that the terms of this section
shall continue in full force and effect irrespective of the expiration or termination of this Agreement for a period of three
(3) years from the Effective Date (as specified below) of this Agreement unless otherwise specified in a future agreement
between the parties. Trolltech and Licensee further agree that each party shall protect the existence and terms of this
Agreement, including information about the evaluation of the Licensed Software in Licensee's business and terms around
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 time-limited. All rights granted to Licensee in this agreement will be void after
the end of the evaluation period, which is no later than 31 days after Licensee received the Licensed Software.
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 NON-INFRINGEMENT WITH
REGARD TO THE LICENSED SOFTWARE. TROLLTECH DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL
SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF
WILL BE UNINTERRUPTED. ALL USE OF AND RELIANCE ON THE LICENSED SOFTWARE IS AT THE SOLE RISK OF AND
RESPONSIBILITY OF LICENSEE.
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
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