Qinshift Software License (QSSL 1.00)

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND MODIFICATION OF THE WORK

1. Definitions

“License” shall mean the limited, non-exclusive software license hereby granted by Licensor to Licensee, on the terms and conditions for internal use, reproduction, and modification as defined by this document.

“Licensor” shall mean Qinshift AB, a Swedish limited company registered under company registration number 556588-5935.

“Licensee” shall mean any company or other legal entity that has been provided with the Work under a valid contract with Licensor, and all legal entities that control, are controlled by, or are under common control with Licensee. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“You” (or “Your”) shall mean Licensee or any individual exercising permissions granted under this License.

“Source form” shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

“Object form” shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

The “Work” shall mean the work of authorship referred to by Qinshift as [Qinshift QSSL, version 1.0 or later, including all of the files within any archive file or any group of files released by Qinshift in conjunction therewith, as well as any derived or modified work based on such files], whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work.

“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

The “Qinshift Website” shall mean https://www.qinshift.com

2. Grant of Copyright License, limitations and copyright notice obligations

Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive, non-transferrable copyright license to use, reproduce, modify, make additions to and prepare Derivative Works of, the Work and such Derivative Works in Source or Object form.

This License is strictly limited to the internal use of the Work by Licensee. Thus, Licensee has no right – except with the prior express written approval by Licensor – to sell, sublicense or otherwise distribute the Work, including any modifications or Derivative Works.

If the Work includes a “NOTICE” text file, then any Derivative Works that You produce must include a readable copy of the attribution notices contained within such NOTICE file, except any notices that do not pertain to any part of the Derivative Works.

You may add Your own copyright statement to Your modifications, or for any such Derivative Works as a whole, provided that Your use and reproduction of the Work otherwise complies with the conditions stated in this License.

3. Modifications and Derivative Works – grant of license by Licensee to Licensor

If and to the extent Licensee provides Licensor with modifications, Derivative Works or any piece of information, idea for improvements or other change to the Work (unless and except otherwise expressly agreed), Licensee hereby grants Licensor unlimited, free-of-charge right to use, modify and include this in future versions of the Work, including but not limited to distribution to third parties. Licensee therefore undertakes, except after providing clear information thereof to Licensor in advance, not to provide Licensor with any piece of software, idea, trade secret or any other item which might be protected or the use of which might be prohibited, e.g. by intellectual property or trade secret laws or the use of which by Licensor could violate other laws or rights of third parties in any part of the World.

4. Trademarks

This License does not grant permission to use any trade names, trademarks, service marks, or product names of Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

5. Disclaimer

Unless and except as required by mandatory rules of applicable law or agreed to in writing, Licensor provides the Work on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT or FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by mandatory rules of applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Licensor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Licensor has been advised of the possibility of such damages.

7. Changes

Licensor reserves the right to change the terms of this Agreement at any time, although not retroactively to past releases. Changes to this document will be announced on the webpage. Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement can be found on the Qinshift Website.

8. Premature termination

This Agreement will terminate automatically if You fail to comply with the limitations described herein and do not or cannot rectify or make good the failure within 14 days of notice thereof. Upon termination, you must destroy all copies of this Package, the Software, and any derivatives within 48 hours.

9. Disputes and applicable law

This Agreement and any dispute arising in connection therewith shall be interpreted in accordance with and governed exclusively by the laws of Sweden and any dispute in connection therewith shall be settled by the public courts of Sweden, with the District Court in Malmö as first instance.