HG_REPOSITORIES/LPP/INSTRUMENTATION/USERS/JEANDET/qtcharts Files · Licenses/LICENSE-EVALUATION-US

samakkon

r917

EVALUATION LICENSE AGREEMENT

Agreement version 2.0

This Evaluation 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.

"Term" shall mean the period of time thirty (30) days 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 evaluating 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. 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.

6. 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.

7. 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.

8. 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 8, this Section 8 shall be controlling over the terms of the

Non-Disclosure Agreement.

9. GENERAL PROVISIONS

9.1 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. For the avoidance of doubt,

Digia's right to assign or transfer the Agreement, in whole or in part, shall be

unrestricted.

9.2 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.

9.3 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, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, and 9.8 of this

Agreement.

9.4 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 8. 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.

9.5. Notices

Any notice given by one party to the other shall be deemed properly given and

deemed received if specifically acknowledged by the receiving party in writing

or when successfully delivered to the recipient by hand, fax, or special courier

during normal business hours on a business day to the addresses specified below.

Each communication and document made or delivered by one party to the other

party pursuant to this Agreement shall be in the English language or accompanied

by a translation thereof.

Notices to Digia shall be given to:

Digia USA Inc

Suite 203

2880 Zanker Road

San Jose

CA 95134

U.S.A

Fax. + 1 408 433 9360

9.6 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.,

9.7 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 defence 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.

9.8 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.

9.9 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.

EVALUATION LICENSE AGREEMENT

FAX + 1 408 433 9360

PLACE OF REGISTERED OFFICE: DELAWARE | WWW.DIGIA.COM

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samakkon License files and readme	r917	EVALUATION LICENSE AGREEMENT
		Agreement version 2.0

		This Evaluation 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.

		"Term" shall mean the period of time thirty (30) days 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 evaluating 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. 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.

		6. 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.

		7. 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.

		8. 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 8, this Section 8 shall be controlling over the terms of the
		Non-Disclosure Agreement.

		9. GENERAL PROVISIONS
		9.1 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. For the avoidance of doubt,
		Digia's right to assign or transfer the Agreement, in whole or in part, shall be
		unrestricted.

		9.2 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.

		9.3 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, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, and 9.8 of this
		Agreement.

		9.4 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 8. 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.

		9.5. Notices
		Any notice given by one party to the other shall be deemed properly given and
		deemed received if specifically acknowledged by the receiving party in writing
		or when successfully delivered to the recipient by hand, fax, or special courier
		during normal business hours on a business day to the addresses specified below.
		Each communication and document made or delivered by one party to the other
		party pursuant to this Agreement shall be in the English language or accompanied
		by a translation thereof.

		Notices to Digia shall be given to:

		Digia USA Inc
		Suite 203
		2880 Zanker Road
		San Jose
		CA 95134
		U.S.A
		Fax. + 1 408 433 9360

		9.6 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.,

		9.7 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 defence 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.

		9.8 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.

		9.9 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.



		EVALUATION LICENSE AGREEMENT

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