UIQ Technology Software Licence Agreement

Please read this licence agreement carefully before installing or otherwise using the Support Materials.

This licence agreement (the “Agreement”) is a legal agreement between you and Symbian Software Limited acting through its affiliate UIQ Technology AB (556566-7911), (“UIQ Technology”). The Agreement covers the use of information, knowledge, programming code and documents in relation to the UIQ 3 SDK for Symbian OS together with any updates supplied to you under this Agreement (the “Support Material”). The Support Material includes “online” or electronic documentation, sample applications, development tools, utilities, computer software, and any printed materials. By installing or otherwise using the Support Material, you acknowledge that you have read this Agreement, understand it and agree to be bound by the terms of this Agreement. The Support Material is protected by national and international copyright laws and treaty provisions. The Support Material is licensed not sold. If you do not agree to the terms of this Agreement, UIQ Technology will not license the Support Material to you. In such event, do not install or download the Support Material.

Subject to the terms of this Agreement, UIQ Technology hereby grants you a licence of the following rights:

• (a) The non-exclusive and limited right to use one copy of the Support Material for designing, developing and testing software products (the “Products”) that:

  • (i) are intended to operate on devices that make use of Symbian OS as their primary operating system and UIQ as their primary user interface ;

  • (ii) are a software development tool for Symbian OS and/or UIQ; or

  • (iii) utilise, or convert to or from, Symbian OS and/or UIQ file formats.

• (b) The right to make a single back-up copy of the Support Material. (You may use the back-up copy solely for back-up and archival purposes.)

• (c) The non-exclusive and limited right to make a single copy of the electronic documentation contained in the Support Material solely for the purpose of aiding you in the designing, developing and testing of the Products.

In addition to the general terms of the licence set out under Section 1 above, below are set out the following specific rights and limitations of the licence:

• (a) Limitations on Reverse Engineering, Decompilation and Dissassembly

  You may not reverse engineer, decompile, or disassemble the Support Material, except and only to the extent that such activity is expressly permitted by applicable law. The interface information necessary to achieve interoperability of the Support Material with independently created computer programs may be provided by UIQ Technology on request and on payment of UIQ Technology’s reasonable costs and expenses for procuring and supplying such information. UIQ Technology will terminate this Agreement if you attempt or have attempted to reverse engineer, decompile, or disassemble the Support Material in breach of this provision.

• (b) Rental

  You may not rent or lease the Support Material.

• (c) Redistribution

  With the exception of the components of the Support Material covered by Subsections (d) and (e) below you may not sell, give or distribute the Support Material, copies of it, or any component of the Support Material to any person including, without limitation, any part of the Support Material in object or source code format.

• (d) Example Code

  You may use and modify the source code contained in the Support Material (the “Example Code”), but solely for the purpose of designing, developing and testing Products that you may distribute source and object versions of the modified Example Code (the “Modified Code”), provided that you comply with Subsection (i) below.

• (e) Redistributable Components

  You may distribute the object code components contained in the Support Material (“Redistributable Components”), provided that you comply with Subsection (h) below.

• (f) Application Programming Interfaces (“APIs”)

  Only APIs within the Support Material which have an interface management tag of @publishedAll are intended for use by your Products. . Whilst UIQ Technology generally seeks to maintain APIs with the interface management tag of @publishedAll, UIQ Technology does not guarantee that such @publishedAll APIs will not be modified, removed, replaced or superseded over time.

  The Support Material may also contain APIs with other interface management tags. These APIs are not intended for use by your Product, and UIQ Technology may modify, remove or replace such APIs at any time without notice. Your use of any such APIs is entirely at your risk.

• (g) Transfer of Rights

  You may not transfer any of your rights or obligations under this Agreement to any other person.

• (h) Termination

  This Agreement is effective from the first date you install or otherwise use the Support Material and shall last until you terminate it by destroying all copies of the Support Material (including any printed materials and media) at your own cost. If you fail to comply with the conditions of the Agreement then UIQ Technology will terminate this Agreement and you will be required, by the terms and conditions of this Agreement, to destroy all copies of the Support Material (including any printed materials and media) at your own cost. UIQ Technology may also terminate this Agreement immediately on notice for any reason.

• (i) Redistribution

  You may not distribute the Modified Code or Redistributable Components except as provided in this Subsection (h). You may distribute the Modified Code and Redistributable Components only as a part of a Product that significantly modifies and materially increases the functionality provided by the Example Code or the Redistributable Components (an “Application”); provided that:

  • (i) Where the recipient of the Application is an end user you do not permit such end user further to distribute the Modified Code or Redistributable Components;

  • (ii) Where the recipient of the Application is a distributor such distributor may further distribute your Application including the Modified Code or Redistributable Components provided the distributor complies with all the terms of this Agreement and provided that such Modified Code or Redistributable Components are only distributed as part of your Application;

  • (iii) You do not use UIQ Technology’s trade marks, name or logos on or in relation to your Application or otherwise market your Application, and do not make representations that the Application is in any way endorsed or supported by or connected with UIQ Technology, except as set out in Subsection (h) (vi) below, unless prior written permission has been given by UIQ Technology;

  • (iv) You agree to indemnify and hold UIQ Technology harmless from and against any and all damages, losses, costs, claims, expenditure and liability arising out of or related to the use or distribution of your Application;

  • (v) You agree that UIQ Technology reserves all rights not expressly granted; and

  • (vi) You include a copyright notice in the Application, of equal prominence as any other copyright notice, as follows: “This product includes software licensed from Symbian Software Limited © 1998-2005”.

• (j) Third Party Software

  In addition, the UIQ 3 SDK for Symbian OS may contain separately licensed third party software (“Third Party Software”). Such Third Party Software is licensed to you under separate terms and conditions and may be licensed directly to you by the third party licensor. The terms of this Agreement do not apply to such Third Party Software and your rights to use the Third Party Software are set out in the applicable third party licence terms. UIQ Technology makes no warranty of representation in relation to such Third Party Software or the adequacy of such third party licence terms.

• (k) Third Party Patents

  You agree that no rights are granted in this Agreement with regards to third party patents or standards related licences including Necessary Patents. Such licences require a separate licence from the relevant rights holders. “Necessary Patents” means any patent claiming a feature necessarily and unavoidably required for compliance with industry standards, to the limited extent only that infringement or use of such claims of a patent cannot be avoided in remaining compliant with industry standard either for technical reasons or for lack of commercially viable alternative.

From time to time UIQ Technology may choose, at its own discretion, to make available partial and/or complete updates of the Support Material (the “Updates”). When made available, the Updates will be supplied under the terms of this Agreement. A complete Update completely replaces any previous releases which are immediately rendered unsupported and should be destroyed.

4.1 All title, copyright, all other intellectual property rights in and to the Support Material (including but not limited to any images, drawings, texts and applications), accompanying printed materials and any copies of the Support Material, and any Updates which may be provided are variously owned by UIQ Technology and UIQ Technology’s suppliers. Except as specifically set out in this Agreement, you may not copy, sell, distribute, offer for sale, the Support Material or any printed materials accompanying the Support Material

4.2 All rights not specifically granted under this Agreement are reserved by UIQ Technology. You agree to inform any recipient of an Application that no intellectual property rights in the Support Material or the Updates are transferred to the recipient. UIQ Technology reserves its right separately to license these rights to any recipient of an Application.

5.1 Except as otherwise stated in writing, UIQ Technology provides the Support Material and the Updates “as is, where is” without warranty of any kind. The terms of this Agreement set out the full extent of UIQ Technology’s liability in respect of the Support Material. The Support Material is licensed to you without fee and accordingly you accept that there is no representation, warranty, condition or term as to the performance or quality of the Support Material and that no such representation has been made to you. Should the Support Material prove defective, you are solely responsible for the cost of all the servicing, repair or correction of the Support Material and any Product or Application.

5.2 You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless that statement was made knowing it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Any condition, warranty, representation, or other term relating to the supply or failure to supply the Support Material which would otherwise be implied into or incorporated into this Agreement (including, without limitation, the implied terms of merchantability, satisfactory quality and fitness for purpose), whether by statue, course of dealing, contract or otherwise, is hereby excluded to the extent permitted by law.

6.1 This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to this Agreement except as stated in this Agreement.

6.2 No amendments, changes or revisions or discharges of this Agreement, in whole or in part, shall have any force or effect except by written agreement between the parties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UIQ TECHNOLOGY, ITS EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SUPPORT MATERIALS, EVEN IF UIQ TECHNOLOGY OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, UIQ TECHNOLOGY’S LIABILITY SHALL BE LIMITED TO €500.

8.1 This Agreement shall be governed by and construed and enforced in accordance with the laws of England, without respect to its provisions on conflict of laws.

8.2 Any dispute or controversy which may arise out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Sweden, save that UIQ Technology may institute proceedings against you in any competent jurisdiction.