Minimum NextWindow End User License Agreement

This NextWindow software dynamically links to unmodified Nokia Qt4 Library.  The Qt4 Library is © 2011 Nokia Corporation and/or its subsidiary(-ies), and is licensed under the GNU Lesser General Public License version 2.1 (LGPL-2.1) with the Nokia Qt LGPL exception version 1.1.   You should have received a copy of the LGPL-2.1 with this package.  If not, write to the Free Software Foundation Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.  The source code for Qt4.7.2 SDK can be found here:  http://get.qt.nokia.com/qt/source/qt-everywhere-opensource-src-4.7.2.zip.  It is also available on request from NextWindow Ltd. The Qt4 Library is provided “AS IS”, without WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This NextWindow software is © NextWindow Limited 2011.  It is licensed under the following Minimum NextWindow End User License Agreement, provided that to the extent the NextWindow software dynamically links to unmodified Nokia Qt4 library, then where the terms of the NextWindow EULA conflict with the GNU Lesser General Public License version 2.1 (LGPL-2.1) with the Nokia Qt LGPL exception version 1.1, then the latter will prevail:

PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT TERMS AND CONDITIONS (“EULA”) BEFORE USING THE NEXTWINDOW SOFTWARE (“SOFTWARE”). BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. Subject to the restrictions set forth below, effective upon your acceptance of this EULA, NextWindow Limited or any successor entity (“NextWindow”) grants you a non-exclusive, limited license to use the Software in object code format according to NextWindow’s applicable instructions and specifications. All rights not expressly granted are reserved by NextWindow. This EULA will govern any upgrade(s) provided by NextWindow that replace and/or supplement the Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Except for this limited license, NextWindow retains all right, title and interest in and to the Software, including all intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, or copy, modify or create derivative works based on the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law or expressly permitted by NextWindow in writing. You may not remove or destroy any copyright notices or other proprietary markings regarding the Software.

The Software is and includes confidential information of NextWindow and/or its suppliers and licensors. You agree not to disclose such confidential information to any party and to protect it with no less than a reasonable degree of care. You acknowledge that the Software may include certain third party software that is subject to the separate terms of the third party licensors. If any such third party licenses require source code releases, attributions, disclaimers or other notices to be made to a licensee, the required disclosures are made on the NextWindow website or a text file included with the Software. Acceptance of this EULA also confirms your acceptance of such third party license terms. NextWindow does not endorse or promote any products or services provided by third parties. Technical support provided by NextWindow (if any) for the Software is available on the NextWindow website.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEXTWINDOW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some states or other jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. You may also have other rights that vary from state to state. You must comply with all applicable laws regarding the use of the Software and any component. You may only export the Software subject to applicable Canadian or U.S. export restrictions. You acknowledge the Software is not fault-tolerant and not designed, manufactured or intended for use in environments requiring fail-safe performance, where failure could lead directly to death, personal injury, or severe physical or environmental damage.

NEXTWINDOW’S LIABILITY IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF IS LIMITED TO THE AMOUNT RECEIVED BY NEXTWINDOW FOR YOUR COPY OF THE SOFTWARE, AND NEXTWINDOW WILL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, SERVICE, PROFITS OR BUSINESS OPPORTUNITIES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NEXTWINDOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some or all of the above limitations and exclusions may not apply to you.

This license will automatically terminate in the event of material breach of this EULA. Provisions relating to liability, warranties, and protection of NextWindow confidential information and intellectual property survive termination. This EULA is governed by California law, and all disputes you may have with NextWindow hereunder shall be resolved in the applicable state or federal courts of California. You acknowledge there is not an adequate remedy in money or damages for breach of this EULA and NextWindow may therefore obtain injunctive relief from any court of competent jurisdiction immediately without posting bond, without limiting any further remedies. If for any reason a court of competent jurisdiction finds any provision of this EULA to be unenforceable, that provision of the EULA will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of the EULA will continue in full force and effect. These terms constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.