APPENDIX 5: NON-COMMERCIAL AND EDUCATIONAL USE

The provisions of this Appendix 5 are applicable for non-commercial use of the Licensed Software by the Licensee. 

For the purpose of this Appendix 5, the following additional definitions (replacing the relevant definition of the Agreement, where applicable) shall be applicable: 

“Demo Units” shall mean (i) hardware development platform, which incorporates the Licensed Software along with Licensee’s software and/or hardware, and (ii) prototype versions of Applications or Devices.  

“Designated User(s)” shall mean the employees and students of the Licensee. 

“Licensee Products” shall mean Applications and/or Devices.  

“Permitted Purpose” shall mean (i) Licensee’s internal evaluation and testing of Licensed Software, (ii) building Demo Units as well as (iii) educational use.  

“Agreement Term” shall mean a period of twelve (12) months or any such other period as may be agreed between the Parties.  

For the purpose of this Appendix 5, the following changes shall be agreed with respect to relevant Sections of the Agreement: 

1. Recital (A) shall be replaced in its entirety to read as follows: 

“(A) Licensee wishes to use the Licensed Software for the Permitted Purpose.” 

1. Section 3.1 shall be replaced in its entirety to read as follows: 

“The Qt Company grants to Licensee a personal, non-exclusive, non-transferable, revocable, royalty-free license, valid for the Agreement Term, to use, modify and copy the Licensed Software solely for the Permitted Purpose. 

Licensee may install copies of the Licensed Software on five (5) computers per Designated User, provided that only the Designated Users who have a valid Development License may use the Licensed Software. 

Licensee may demonstrate the Demo Units, provided that such demonstrations must be conducted by Licensee, and the Demo Units must remain in Licensee’s possession and under Licensee’s control at all times. 

For clarity, this Agreement does not (i) entitle Licensee to use Licensed Software to create Applications or Devices (other than prototypes thereof) or (ii) carry any distribution rights to Licensee, but such rights are subject to and conditional upon conclusion of a separate license agreement with The Qt Company.” 

1. Sections 3.2, 3.3, 3.5, 3.6, 8 and 10 shall be deleted. 

1. Section 3.4 shall be replaced in its entirety to read as follows: 

“Licensee shall not: 

- remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Licensed Software;  

- transfer, publish, sublicense, disclose, display or otherwise make the Licensed Software available to any third party (except that Licensee may demonstrate the Demo Units pursuant to Section 3.1); 

- in any way combine, incorporate or integrate Licensed Software with, or use Licensed Software for creation of, any software created with or incorporating Open Source Qt; 

Licensee shall cause all Designated Users who make use of the licenses granted under this Agreement, to be contractually bound to comply with the relevant terms of this Agreement and not to use the Licensed Software beyond the terms hereof. Licensee shall be responsible for any and all actions and omissions of its Designated Users relating to the Licensed Software and use thereof. 

Any use of Licensed Software beyond the provisions of this Agreement is strictly prohibited and requires an additional license from The Qt Company.” 

1. Section 12 shall be replaced in its entirety to read as follows: 

“This Agreement shall enter into force upon due acceptance by both Parties and remain in force for the Agreement Term, unless and until terminated pursuant to the terms of Section 12. 

Upon termination of the Agreement, Licensee shall cease using the Licensed Software. All other copies of Licensed Software in the possession or control of Licensee must be erased or destroyed. An officer of Licensee must, upon request, promptly deliver to The Qt Company a written confirmation that this has occurred.” 

Except for the modifications specified above, this Appendix carries no change to the terms of the Agreement which shall remain in full force.