KD Reports COMMERCIAL LICENSE AGREEMENT FOR COMMERCIAL VERSIONS March 27, 2002 IMPORTANT-READ CAREFULLY: This Klaralvdalens Datakonsult AB End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) and Klaralvdalens Datakonsult AB ("KDAB") for the Klaralvdalens Datakonsult AB software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("Licensed Product"). The Licensed Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Product is licensed, not sold. By installing, copying, or otherwise using 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 otherwise use the Licensed Product; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Product that you receive separately as part of the Licensed Product ("Updates"), you agree to be bound by any additional license terms that accompany such Updates. If you do not agree to the additional license terms that accompany such Updates, you may not install, copy, or otherwise use such Updates. Upon your acceptance of the terms and conditions of this EULA, KDAB grants you the right to use the Licensed Product in the manner provided below. KDAB grants to you as an individual a personal, nonexclusive, nontransferable license to make and use copies of the Licensed Product for the sole purposes of designing, developing, and testing your software product(s) ("Applications"). You may install copies of the Licensed Product on an unlimited number of computers provided that you are the only individual using the Licensed Product. If you are an entity, KDAB grants you the right to designate one, and only one, individual within your organization who shall have the sole right to use the Licensed Product in the manner provided above. You may at any time, but not more frequently that once every six (6) months, designate another individual to replace the current designated user by notifying KDAB, so long as there is no more than one designated user at any given time. GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES KDAB grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the Licensed Product ("Redistributables") for execution on any operating system of a type listed in the License Certificate ("Platforms"). Copies of Redistributables may only be distributed with and for the sole purpose of executing Applications permitted under this License Agreement that you have created using the Licensed Product. Under no circumstances may any copies of Redistributables be distributed separately. The license granted in this EULA for you to create your own Applications and distribute them and the Redistributables (if any) to your customers is subject to all of the following conditions: (i) all copies of the Applications you create must bear a valid copyright notice, either your own or the copyright notice that appears on the Licensed Product; (ii) you may not remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Licensed Product; (iii) Redistributables, if any, shall be licensed to your customer "as is" (KDAB MAKES NO WARRANTIES OR REPRESENTATIONS VIS-A-VIS YOUR CUSTOMER WITH RESPECT TO REDISTRIBUTABLES, AND KDAB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES VIS-A-VIS YOUR CUSTOMER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT KDAB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH PURPOSE); (iv) you will indemnify and hold KDAB, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your Applications; (v) your Applications must be written using a licensed, registered copy of the Licensed Product; (vi) your Applications must add primary and substantial functionality to the Licensed Product; (vii) your Applications may not pass on functionality which in any way makes it possible for others to create Applications with the Software; (viii) your Applications may not compete with the Licensed Product; (ix)) you may not use KDAB's or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Licensed Product. LICENSEE'S BREACH OF CONTRACT In addition to penalties, other sanctions and the like as stated in the Swedish Copyright Act (1960:729), or successive legislation as it may appear, the Licensee agrees to pay a Contractual Fine in case of his/her/their breach of any of the above mentioned obligations, including but not limited to, the Licensee's obligation to let only one person per license use the Software as stated under above. The Contractual Fine is EUR 5000 and is payable by the Licensee to the Licenser immediately upon the Licenser having reasonably demonstrated that the Licensee is in breach of his obligations in this Agreement. 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. 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. The EULA gives you specific legal rights; you may have others, which vary from state to state and from country to country. KDAB reserves all rights not specifically granted in this EULA.