{
  "key": "digia-qt-preview",
  "short_name": "Digia Qt Preview Agreement 2.4",
  "name": "Digia Qt Technology Preview License Agreement 2.4",
  "category": "Commercial",
  "owner": "Digia",
  "homepage_url": "http://qt.digia.com/licensing",
  "notes": "This agreement is also included in Qt open source.",
  "spdx_license_key": "LicenseRef-scancode-digia-qt-preview",
  "text": "TECHNOLOGY PREVIEW LICENSE AGREEMENT\n\nFor individuals and/or legal entities resident in the Americas (North\nAmerica, Central America and South America), the applicable licensing\nterms are specified under the heading \"Technology Preview License\nAgreement: The Americas\".\n\nFor individuals and/or legal entities not resident in The Americas, the\napplicable licensing terms are specified under the heading \"Technology\nPreview License Agreement: Rest of the World\".\n\n\nTECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas\nAgreement version 2.4\n\nThis Technology Preview License Agreement (\"Agreement\")is a legal agreement\nbetween Digia USA, Inc. (\"Digia\"), with its registered office at 2350\nMission College Blvd., Suite 1020, Santa Clara, California 95054,\nU.S.A. and you (either an individual or a legal entity) (\"Licensee\") for the\nLicensed Software (as defined below).\n\n1. DEFINITIONS\n\n\"Affiliate\" of a Party shall mean an entity (i) which is directly or\nindirectly controlling such Party; (ii) which is under the same direct\nor indirect ownership or control as such Party; or (iii) which is\ndirectly or indirectly owned or controlled by such Party. For these\npurposes, an entity shall be treated as being controlled by another if\nthat other entity has fifty percent (50 %) or more of the votes in such\nentity, is able to direct its affairs and/or to control the composition\nof its board of directors or equivalent body.\n\n\"Applications\" shall mean Licensee's software products created using the\nLicensed Software which may include portions of the Licensed Software.\n\n\"Term\" shall mean the period of time six (6) months from the later of\n(a) the Effective Date; or (b) the date the Licensed Software was\ninitially delivered to Licensee by Digia. If no specific Effective Date\nis set forth in the Agreement, the Effective Date shall be deemed to be\nthe date the Licensed Software was initially delivered to Licensee.\n\n\"Licensed Software\" shall mean the computer software, \"online\" or\nelectronic documentation, associated media and printed materials,\nincluding the source code, example programs and the documentation\ndelivered by Digia to Licensee in conjunction with this Agreement.\n\n\"Party\" or \"Parties\" shall mean Licensee and/or Digia.\n\n\n2. OWNERSHIP\n\nThe Licensed Software is protected by copyright laws and international\ncopyright treaties, as well as other intellectual property laws and\ntreaties. The Licensed Software is licensed, not sold.\n\nIf Licensee provides any findings, proposals, suggestions or other\nfeedback (\"Feedback\") to Digia regarding the Licensed Software, Digia\nshall own all right, title and interest including the intellectual\nproperty rights in and to such Feedback, excluding however any existing\npatent rights of Licensee. To the extent Licensee owns or controls any\npatents for such Feedback Licensee hereby grants to Digia and its\nAffiliates, a worldwide, perpetual, non-transferable, sublicensable,\nroyalty-free license to (i) use, copy and modify Feedback and to create\nderivative works thereof, (ii) to make (and have made), use, import,\nsell, offer for sale, lease, dispose, offer for disposal or otherwise\nexploit any products or services of Digia containing Feedback, and\n(iii) sublicense all the foregoing rights to third party licensees and\ncustomers of Digia and/or its Affiliates.\n\n\n3. VALIDITY OF THE AGREEMENT\n\nBy installing, copying, or otherwise using the Licensed Software,\nLicensee agrees to be bound by the terms of this Agreement. If Licensee\ndoes not agree to the terms of this Agreement, Licensee may not install,\ncopy, or otherwise use the Licensed Software. Upon Licensee's acceptance\nof the terms and conditions of this Agreement, Digia grants Licensee the\nright to use the Licensed Software in the manner provided below.\n\n\n4. LICENSES\n\n4.1. Using and Copying\n\nDigia grants to Licensee a non-exclusive, non-transferable, time-limited\nlicense to use and copy the Licensed Software for sole purpose of\ndesigning, developing and testing Applications, and evaluating and the\nLicensed Software during the Term.\n\nLicensee may install copies of the Licensed Software on an unlimited\nnumber of computers provided that (a) if an individual, only such\nindividual; or (b) if a legal entity only its employees; use the\nLicensed Software for the authorized purposes.\n\n4.2 No Distribution or Modifications\n\nLicensee may not disclose, modify, sell, market, commercialise,\ndistribute, loan, rent, lease, or license the Licensed Software or any\ncopy of it or use the Licensed Software for any purpose that is not\nexpressly granted in this Section 4. Licensee may not alter or remove\nany details of ownership, copyright, trademark or other property right\nconnected with the Licensed Software. Licensee may not distribute any\nsoftware statically or dynamically linked with the Licensed Software. \n\n4.3 No Technical Support\n\nDigia has no obligation to furnish Licensee with any technical support\nwhatsoever. Any such support is subject to separate agreement between\nthe Parties.\n\n\n5. PRE-RELEASE CODE\nThe Licensed Software contains pre-release code that is not at the level\nof performance and compatibility of a final, generally available,\nproduct offering. The Licensed Software may not operate correctly and\nmay be substantially modified prior to the first commercial product\nrelease, if any. Digia is not obligated to make this or any later\nversion of the Licensed Software commercially available. The License\nSoftware is \"Not for Commercial Use\" and may only be used for the\npurposes described in Section 4. The Licensed Software may not be used\nin a live operating environment where it may be relied upon to perform\nin the same manner as a commercially released product or with data that\nhas not been sufficiently backed up.\n\n6. THIRD PARTY SOFTWARE\n\nThe Licensed Software may provide links to third party libraries or code\n(collectively \"Third Party Software\") to implement various functions.\nThird Party Software does not comprise part of the Licensed Software. In\nsome cases, access to Third Party Software may be included along with\nthe Licensed Software delivery as a convenience for development and\ntesting only. Such source code and libraries may be listed in the\n\".../src/3rdparty\" source tree delivered with the Licensed Software or\ndocumented in the Licensed Software where the Third Party Software is\nused, as may be amended from time to time, do not comprise the Licensed\nSoftware. Licensee acknowledges (1) that some part of Third Party\nSoftware may require additional licensing of copyright and patents from\nthe owners of such, and (2) that distribution of any of the Licensed\nSoftware referencing any portion of a Third Party Software may require\nappropriate licensing from such third parties.\n\n\n7. LIMITED WARRANTY AND WARRANTY DISCLAIMER\n\nThe Licensed Software is licensed to Licensee \"as is\". To the maximum\nextent permitted by applicable law, Digia on behalf of itself and its\nsuppliers, disclaims all warranties and conditions, either express or\nimplied, including, but not limited to, implied warranties of\nmerchantability, fitness for a particular purpose, title and\nnon-infringement with regard to the Licensed Software.\n\n\n8. LIMITATION OF LIABILITY\n\nIf, Digia's warranty disclaimer notwithstanding, Digia is held liable to\nLicensee, whether in contract, tort or any other legal theory, based on\nthe Licensed Software, Digia's entire liability to Licensee and\nLicensee's exclusive remedy shall be, at Digia's option, either (A)\nreturn of the price Licensee paid for the Licensed Software, or (B)\nrepair or replacement of the Licensed Software, provided Licensee\nreturns to Digia all copies of the Licensed Software as originally\ndelivered to Licensee. Digia shall not under any circumstances be liable\nto Licensee based on failure of the Licensed Software if the failure\nresulted from accident, abuse or misapplication, nor shall Digia under\nany circumstances be liable for special damages, punitive or exemplary\ndamages, damages for loss of profits or interruption of business or for\nloss or corruption of data. Any award of damages from Digia to Licensee\nshall not exceed the total amount Licensee has paid to Digia in\nconnection with this Agreement.\n\n\n9.  CONFIDENTIALITY\n\nEach party acknowledges that during the Term of this Agreement it shall\nhave access to information about the other party's business, business\nmethods, business plans, customers, business relations, technology, and\nother information, including the terms of this Agreement, that is\nconfidential and of great value to the other party, and the value of\nwhich would be significantly reduced if disclosed to third parties (the\n\"Confidential Information\"). Accordingly, when a party (the \"Receiving\nParty\") receives Confidential Information from another party (the\n\"Disclosing Party\"), the Receiving Party shall, and shall obligate its\nemployees and agents and employees and agents of its Affiliates to: (i)\nmaintain the Confidential Information in strict confidence; (ii) not\ndisclose the Confidential Information to a third party without the\nDisclosing Party's prior written approval; and (iii) not, directly or\nindirectly, use the Confidential Information for any purpose other than\nfor exercising its rights and fulfilling its responsibilities pursuant\nto this Agreement. Each party shall take reasonable measures to protect\nthe Confidential Information of the other party, which measures shall\nnot be less than the measures taken by such party to protect its own\nconfidential and proprietary information.\n\n\"Confidential Information\" shall not include information that (a) is or\nbecomes generally known to the public through no act or omission of the\nReceiving Party; (b) was in the Receiving Party's lawful possession\nprior to the disclosure hereunder and was not subject to limitations on\ndisclosure or use; (c) is developed by the Receiving Party without\naccess to the Confidential Information of the Disclosing Party or by\npersons who have not had access to the Confidential Information of the\nDisclosing Party as proven by the written records of the Receiving\nParty; (d) is lawfully disclosed to the Receiving Party without\nrestrictions, by a third party not under an obligation of\nconfidentiality; or (e) the Receiving Party is legally compelled to\ndisclose the information, in which case the Receiving Party shall assert\nthe privileged and confidential nature of the information and cooperate\nfully with the Disclosing Party to protect against and prevent\ndisclosure of any Confidential Information and to limit the scope of\ndisclosure and the dissemination of disclosed Confidential Information\nby all legally available means.\n\nThe obligations of the Receiving Party under this Section shall continue\nduring the Initial Term and for a period of five (5) years after\nexpiration or termination of this Agreement. To the extent that the\nterms of the Non-Disclosure Agreement between Digia and Licensee\nconflict with the terms of this Section 9, this Section 9 shall be\ncontrolling over the terms of the Non-Disclosure Agreement.\n\n\n10. GENERAL PROVISIONS\n\n10.1    No Assignment\n\nLicensee shall not be entitled to assign or transfer all or any of its\nrights, benefits and obligations under this Agreement without the prior\nwritten consent of Digia, which shall not be unreasonably withheld.\n\n10.2    Termination\n\nDigia may terminate the Agreement at any time immediately upon written\nnotice by Digia to Licensee if Licensee breaches this Agreement.\n\nUpon termination of this Agreement, Licensee shall return to Digia all\ncopies of Licensed Software that were supplied by Digia. All other\ncopies of Licensed Software in the possession or control of Licensee\nmust be erased or destroyed. An officer of Licensee must promptly\ndeliver to Digia a written confirmation that this has occurred.\n\n10.3    Surviving Sections\n\nAny terms and conditions that by their nature or otherwise reasonably\nshould survive a cancellation or termination of this Agreement shall\nalso be deemed to survive. Such terms and conditions include, but are\nnot limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,\n10.5, 10.6, 10.7, and 10.8 of this Agreement.\n\n10.4    Entire Agreement\n\nThis Agreement constitutes the complete agreement between the parties\nand supersedes all prior or contemporaneous discussions,\nrepresentations, and proposals, written or oral, with respect to the\nsubject matters discussed herein, with the exception of the\nnon-disclosure agreement executed by the parties in connection with this\nAgreement (\"Non-Disclosure Agreement\"), if any, shall be subject to\nSection 9. No modification of this Agreement shall be effective unless\ncontained in a writing executed by an authorized representative of each\nparty. No term or condition contained in Licensee's purchase order shall\napply unless expressly accepted by Digia in writing. If any provision of\nthe Agreement is found void or unenforceable, the remainder shall remain\nvalid and enforceable according to its terms. If any remedy provided is\ndetermined to have failed for its essential purpose, all limitations of\nliability and exclusions of damages set forth in this Agreement shall\nremain in effect.\n\n10.5    Export Control\n\nLicensee acknowledges that the Licensed Software may be subject to\nexport control restrictions of various countries. Licensee shall fully\ncomply with all applicable export license restrictions and requirements\nas well as with all laws and regulations relating to the importation of\nthe Licensed Software and shall procure all necessary governmental\nauthorizations, including without limitation, all necessary licenses,\napprovals, permissions or consents, where necessary for the\nre-exportation of the Licensed Software.,\n\n10.6    Governing Law and Legal Venue\n\nThis Agreement shall be governed by and construed in accordance with the\nfederal laws of the United States of America and the internal laws of\nthe State of New York without given effect to any choice of law rule\nthat would result in the application of the laws of any other\njurisdiction. The United Nations Convention on Contracts for the\nInternational Sale of Goods (CISG) shall not apply. Each Party (a)\nhereby irrevocably submits itself to and consents to the jurisdiction of\nthe United States District Court for the Southern District of New York\n(or if such court lacks jurisdiction, the state courts of the State of\nNew York) for the purposes of any action, claim, suit or proceeding\nbetween the Parties in connection with any controversy, claim, or\ndispute arising out of or relating to this Agreement; and (b) hereby\nwaives, and agrees not to assert by way of motion, as a defense or\notherwise, in any such action, claim, suit or proceeding, any claim that\nis not personally subject to the jurisdiction of such court(s), that the\naction, claim, suit or proceeding is brought in an inconvenient forum or\nthat the venue of the action, claim, suit or proceeding is improper.\nNotwithstanding the foregoing, nothing in this Section 9.6 is intended\nto, or shall be deemed to, constitute a submission or consent to, or\nselection of, jurisdiction, forum or venue for any action for patent\ninfringement, whether or not such action relates to this Agreement.\n\n10.7    No Implied License\n\nThere are no implied licenses or other implied rights granted under this\nAgreement, and all rights, save for those expressly granted hereunder,\nshall remain with Digia and its licensors. In addition, no licenses or\nimmunities are granted to the combination of the Licensed Software with\nany other software or hardware not delivered by Digia under this\nAgreement.\n\n10.8    Government End Users\n\nA \"U.S. Government End User\" shall mean any agency or entity of the\ngovernment of the United States. The following shall apply if Licensee\nis a U.S. Government End User. The Licensed Software is a \"commercial\nitem,\" as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),\nconsisting of \"commercial computer software\" and \"commercial computer\nsoftware documentation,\" as such terms are used in 48 C.F.R. 12.212\n(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1\nthrough 227.7202-4 (June 1995), all U.S. Government End Users acquire\nthe Licensed Software with only those rights set forth herein. The\nLicensed Software (including related documentation) is provided to U.S.\nGovernment End Users: (a) only as a commercial end item; and (b) only\npursuant to this Agreement.\n\n\n\n\n\nTECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World\nAgreement version 2.4\n\nThis Technology Preview License Agreement (\"Agreement\") is a legal\nagreement between Digia Finland Ltd (\"Digia\"), with its registered office at\nValimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a\nlegal entity) (\"Licensee\") for the Licensed Software.\n\n1. DEFINITIONS\n\n\"Affiliate\" of a Party shall mean an entity (i) which is directly or\nindirectly controlling such Party; (ii) which is under the same direct\nor indirect ownership or control as such Party; or (iii) which is\ndirectly or indirectly owned or controlled by such Party. For these\npurposes, an entity shall be treated as being controlled by another if\nthat other entity has fifty percent (50 %) or more of the votes in such\nentity, is able to direct its affairs and/or to control the composition\nof its board of directors or equivalent body.\n\n\"Applications\" shall mean Licensee's software products created using the\nLicensed Software which may include portions of the Licensed Software.\n\n\"Term\" shall mean the period of time six (6) months from the later of\n(a) the Effective Date; or (b) the date the Licensed Software was\ninitially delivered to Licensee by Digia. If no specific Effective Date\nis set forth in the Agreement, the Effective Date shall be deemed to be\nthe date the Licensed Software was initially delivered to Licensee.\n\n\"Licensed Software\" shall mean the computer software, \"online\" or\nelectronic documentation, associated media and printed materials,\nincluding the source code, example programs and the documentation\ndelivered by Digia to Licensee in conjunction with this Agreement.\n\n\"Party\" or \"Parties\" shall mean Licensee and/or Digia.\n\n\n2. OWNERSHIP\n\nThe Licensed Software is protected by copyright laws and international\ncopyright treaties, as well as other intellectual property laws and\ntreaties. The Licensed Software is licensed, not sold.\n\nIf Licensee provides any findings, proposals, suggestions or other\nfeedback (\"Feedback\") to Digia regarding the Licensed Software, Digia\nshall own all right, title and interest including the intellectual\nproperty rights in and to such Feedback, excluding however any existing\npatent rights of Licensee. To the extent Licensee owns or controls any\npatents for such Feedback Licensee hereby grants to Digia and its\nAffiliates, a worldwide, perpetual, non-transferable, sublicensable,\nroyalty-free license to (i) use, copy and modify Feedback and to create\nderivative works thereof, (ii) to make (and have made), use, import,\nsell, offer for sale, lease, dispose, offer for disposal or otherwise\nexploit any products or services of Digia containing Feedback, and\n(iii) sublicense all the foregoing rights to third party licensees and\ncustomers of Digia and/or its Affiliates.\n\n3. VALIDITY OF THE AGREEMENT\n\nBy installing, copying, or otherwise using the Licensed Software,\nLicensee agrees to be bound by the terms of this Agreement. If Licensee\ndoes not agree to the terms of this Agreement, Licensee may not install,\ncopy, or otherwise use the Licensed Software. Upon Licensee's acceptance\nof the terms and conditions of this Agreement, Digia grants Licensee the\nright to use the Licensed Software in the manner provided below.\n\n\n4. LICENSES\n\n4.1. Using and Copying\n\nDigia grants to Licensee a non-exclusive, non-transferable, time-limited\nlicense to use and copy the Licensed Software for sole purpose of\ndesigning, developing and testing Applications, and evaluating and the\nLicensed Software during the Term.\n\nLicensee may install copies of the Licensed Software on an unlimited\nnumber of computers provided that (a) if an individual, only such\nindividual; or (b) if a legal entity only its employees; use the\nLicensed Software for the authorized purposes.\n\n4.2 No Distribution or Modifications\n\nLicensee may not disclose, modify, sell, market, commercialise,\ndistribute, loan, rent, lease, or license the Licensed Software or any\ncopy of it or use the Licensed Software for any purpose that is not\nexpressly granted in this Section 4. Licensee may not alter or remove\nany details of ownership, copyright, trademark or other property right\nconnected with the Licensed Software. Licensee may not distribute any\nsoftware statically or dynamically linked with the Licensed Software.\n\n4.3 No Technical Support\n\nDigia has no obligation to furnish Licensee with any technical support\nwhatsoever. Any such support is subject to separate agreement between\nthe Parties.\n\n\n5. PRE-RELEASE CODE\n\nThe Licensed Software contains pre-release code that is not at the level\nof performance and compatibility of a final, generally available,\nproduct offering. The Licensed Software may not operate correctly and\nmay be substantially modified prior to the first commercial product\nrelease, if any. Digia is not obligated to make this or any later\nversion of the Licensed Software commercially available. The License\nSoftware is \"Not for Commercial Use\" and may only be used for the\npurposes described in Section 4. The Licensed Software may not be used\nin a live operating environment where it may be relied upon to perform\nin the same manner as a commercially released product or with data that\nhas not been sufficiently backed up.\n\n6. THIRD PARTY SOFTWARE\n\nThe Licensed Software may provide links to third party libraries or code\n(collectively \"Third Party Software\") to implement various functions.\nThird Party Software does not comprise part of the Licensed Software. In\nsome cases, access to Third Party Software may be included along with\nthe Licensed Software delivery as a convenience for development and\ntesting only. Such source code and libraries may be listed in the\n\".../src/3rdparty\" source tree delivered with the Licensed Software or\ndocumented in the Licensed Software where the Third Party Software is\nused, as may be amended from time to time, do not comprise the Licensed\nSoftware. Licensee acknowledges (1) that some part of Third Party\nSoftware may require additional licensing of copyright and patents from\nthe owners of such, and (2) that distribution of any of the Licensed\nSoftware referencing any portion of a Third Party Software may require\nappropriate licensing from such third parties.\n\n\n7. LIMITED WARRANTY AND WARRANTY DISCLAIMER\n\nThe Licensed Software is licensed to Licensee \"as is\". To the maximum\nextent permitted by applicable law, Digia on behalf of itself and its\nsuppliers, disclaims all warranties and conditions, either express or\nimplied, including, but not limited to, implied warranties of\nmerchantability, fitness for a particular purpose, title and\nnon-infringement with regard to the Licensed Software.\n\n\n8. LIMITATION OF LIABILITY\n\nIf, Digia's warranty disclaimer notwithstanding, Digia is held liable to\nLicensee, whether in contract, tort or any other legal theory, based on\nthe Licensed Software, Digia's entire liability to Licensee and\nLicensee's exclusive remedy shall be, at Digia's option, either (A)\nreturn of the price Licensee paid for the Licensed Software, or (B)\nrepair or replacement of the Licensed Software, provided Licensee\nreturns to Digia all copies of the Licensed Software as originally\ndelivered to Licensee. Digia shall not under any circumstances be liable\nto Licensee based on failure of the Licensed Software if the failure\nresulted from accident, abuse or misapplication, nor shall Digia under\nany circumstances be liable for special damages, punitive or exemplary\ndamages, damages for loss of profits or interruption of business or for\nloss or corruption of data. Any award of damages from Digia to Licensee\nshall not exceed the total amount Licensee has paid to Digia in\nconnection with this Agreement.\n\n\n9.  CONFIDENTIALITY\n\nEach party acknowledges that during the Term of this Agreement it shall\nhave access to information about the other party's business, business\nmethods, business plans, customers, business relations, technology, and\nother information, including the terms of this Agreement, that is\nconfidential and of great value to the other party, and the value of\nwhich would be significantly reduced if disclosed to third parties (the\n\"Confidential Information\"). Accordingly, when a party (the \"Receiving\nParty\") receives Confidential Information from another party (the\n\"Disclosing Party\"), the Receiving Party shall, and shall obligate its\nemployees and agents and employees and agents of its Affiliates to: (i)\nmaintain the Confidential Information in strict confidence; (ii) not\ndisclose the Confidential Information to a third party without the\nDisclosing Party's prior written approval; and (iii) not, directly or\nindirectly, use the Confidential Information for any purpose other than\nfor exercising its rights and fulfilling its responsibilities pursuant\nto this Agreement. Each party shall take reasonable measures to protect\nthe Confidential Information of the other party, which measures shall\nnot be less than the measures taken by such party to protect its own\nconfidential and proprietary information.\n\n\"Confidential Information\" shall not include information that (a) is or\nbecomes generally known to the public through no act or omission of the\nReceiving Party; (b) was in the Receiving Party's lawful possession\nprior to the disclosure hereunder and was not subject to limitations on\ndisclosure or use; (c) is developed by the Receiving Party without\naccess to the Confidential Information of the Disclosing Party or by\npersons who have not had access to the Confidential Information of the\nDisclosing Party as proven by the written records of the Receiving\nParty; (d) is lawfully disclosed to the Receiving Party without\nrestrictions, by a third party not under an obligation of\nconfidentiality; or (e) the Receiving Party is legally compelled to\ndisclose the information, in which case the Receiving Party shall assert\nthe privileged and confidential nature of the information and cooperate\nfully with the Disclosing Party to protect against and prevent\ndisclosure of any Confidential Information and to limit the scope of\ndisclosure and the dissemination of disclosed Confidential Information\nby all legally available means.\n\nThe obligations of the Receiving Party under this Section shall continue\nduring the Initial Term and for a period of five (5) years after\nexpiration or termination of this Agreement. To the extent that the\nterms of the Non-Disclosure Agreement between Digia and Licensee\nconflict with the terms of this Section 9, this Section 9 shall be\ncontrolling over the terms of the Non-Disclosure Agreement.\n\n\n10. GENERAL PROVISIONS\n\n10.1    No Assignment\n\nLicensee shall not be entitled to assign or transfer all or any of its\nrights, benefits and obligations under this Agreement without the prior\nwritten consent of Digia, which shall not be unreasonably withheld.\n\n10.2    Termination\n\nDigia may terminate the Agreement at any time immediately upon written\nnotice by Digia to Licensee if Licensee breaches this Agreement.\n\nUpon termination of this Agreement, Licensee shall return to Digia all\ncopies of Licensed Software that were supplied by Digia. All other\ncopies of Licensed Software in the possession or control of Licensee\nmust be erased or destroyed. An officer of Licensee must promptly\ndeliver to Digia a written confirmation that this has occurred.\n\n10.3    Surviving Sections\n\nAny terms and conditions that by their nature or otherwise reasonably\nshould survive a cancellation or termination of this Agreement shall\nalso be deemed to survive. Such terms and conditions include, but are\nnot limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,\n10.5, 10.6, 10.7, and 10.8 of this Agreement. \n\n10.4    Entire Agreement\n\nThis Agreement constitutes the complete agreement between the parties\nand supersedes all prior or contemporaneous discussions,\nrepresentations, and proposals, written or oral, with respect to the\nsubject matters discussed herein, with the exception of the\nnon-disclosure agreement executed by the parties in connection with this\nAgreement (\"Non-Disclosure Agreement\"), if any, shall be subject to\nSection 9. No modification of this Agreement shall be effective unless\ncontained in a writing executed by an authorized representative of each\nparty. No term or condition contained in Licensee's purchase order shall\napply unless expressly accepted by Digia in writing. If any provision of\nthe Agreement is found void or unenforceable, the remainder shall remain\nvalid and enforceable according to its terms. If any remedy provided is\ndetermined to have failed for its essential purpose, all limitations of\nliability and exclusions of damages set forth in this Agreement shall\nremain in effect.\n\n10.5    Export Control\n\nLicensee acknowledges that the Licensed Software may be subject to\nexport control restrictions of various countries. Licensee shall fully\ncomply with all applicable export license restrictions and requirements\nas well as with all laws and regulations relating to the importation of\nthe Licensed Software and shall procure all necessary governmental\nauthorizations, including without limitation, all necessary licenses,\napprovals, permissions or consents, where necessary for the\nre-exportation of the Licensed Software.,\n\n10.6    Governing Law and Legal Venue\n\nThis Agreement shall be construed and interpreted in accordance with the\nlaws of Finland, excluding its choice of law provisions. Any disputes\narising out of or relating to this Agreement shall be resolved in\narbitration under the Rules of Arbitration of the Chamber of Commerce of\nHelsinki, Finland. The arbitration tribunal shall consist of one (1), or\nif either Party so requires, of three (3), arbitrators. The award shall\nbe final and binding and enforceable in any court of competent\njurisdiction. The arbitration shall be held in Helsinki, Finland and the\nprocess shall be conducted in the English language.\n\n10.7    No Implied License\n\nThere are no implied licenses or other implied rights granted under this\nAgreement, and all rights, save for those expressly granted hereunder,\nshall remain with Digia and its licensors. In addition, no licenses or\nimmunities are granted to the combination of the Licensed Software with\nany other software or hardware not delivered by Digia under this\nAgreement.\n\n10.8    Government End Users\n\nA \"U.S. Government End User\" shall mean any agency or entity of the\ngovernment of the United States. The following shall apply if Licensee\nis a U.S. Government End User. The Licensed Software is a \"commercial\nitem,\" as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),\nconsisting of \"commercial computer software\" and \"commercial computer\nsoftware documentation,\" as such terms are used in 48 C.F.R. 12.212\n(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1\nthrough 227.7202-4 (June 1995), all U.S. Government End Users acquire\nthe Licensed Software with only those rights set forth herein. The\nLicensed Software (including related documentation) is provided to U.S.\nGovernment End Users: (a) only as a commercial end item; and (b) only\npursuant to this Agreement."
}