Software License Agreement

License
1. Under this Software License Agreement (the "Agreement"), Fetki Solutions LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use NastPad (the "Software").
2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor with the exception of third party programs or code set forth on Schedule A attached hereto ("Third Party Software"). Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
4. The License allows the Licensee to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer; for example, a hard disk, CD-ROM or other storage device.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
6. A unique key (a "License Key") is required to use the Software and typically specifies the registered name, serial number, feature set, max users, and/or expiration. You shall be responsible for maintaining the License Key in a safe location and are specifically prohibited from distributing the License Key, intentionally or unintentionally, to any third party not authorized by this Agreement.
7. If the Software is limited to a temporary period as specified in the license key (a "trial" license), then it is considered an evaluation copy and at the end of the trial period you must a) purchase a permanent license, or b) uninstall and destroy the Software. The provision and extension of evaluation licenses are at the sole discretion of the Vendor. You agree that, NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT: a) you may use such Software for evaluation, non-production purposes only; b) such Software is provided on an "as-is" basis, with no warranties of any kind; and c) the Vendor has no obligation to provide any Maintenance and Support (defined below) for such Software.
8. If the Software is licensed to more than one user as specified in the license key (a "multi-user" license), then the Licensee may distribute the specified number of licensed copies of the Software entirely within your organization and solely for use by you or your employees. You may not give, transfer or sell multi-user licensed copies of the Software. The multi-user license is licensed on a per-computer basis. Subject to the number of copies licensed by your organization, users may access the software in any way that is convenient; for example, by accessing copies stored on local hard disks or copies stored on network servers. The license is not a concurrent-use license. The multi-user license must be centrally administered within your organization by a license administrator and act as a point of contact to the Vendor. Your license administrator is responsible for duplicating and distributing the Software and upgrades to the employees covered under the license, for adding on to the size of the license when necessary, and for monitoring the number of copies licensed by the organization.
9. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies except for the purpose of relinking updated and/or modified Third Party Software under the GNU Lesser General Public License by the Licensee ("Modification"). The Software object files and re-linking instructions are made available to the Licensee via the Vendor website and may not be used for any purpose other than the Licensee use of the Software in accordance with this Agreement. Notwithstanding any other terms of the Agreement, the Vendor gives no express or implied warranty, undertaking or indemnity whatsoever in respect of any Modification made by the Licensee. The Licensee shall indemnify the Vendor against all liabilities and expenses (including reasonable legal costs) incurred by the Vendor in relation to any claim asserting that any Modification infringes the intellectual property rights of any third party.
10. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee
11. The price for a Software License is detailed on the Vendor website and depends on the feature set and max number of users. As the Vendor provides 30 day free trial periods, all license fees are non-refundable.
12. A purchased Software License includes a one-year subscription (a "Subscription") that provides access to normal Maintenance and Support (as defined below). Maintaining a subscription beyond the first year requires payment of the subscription fee.
13. A lapse in the Subscription may render the License Key void for future updates/upgrades, in which case a new License Key will need to be issued by the Vendor upon renewal of the Subscription fee.

Limitation of Liability
14. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
15. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
16. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
17. Where the Vendor feels any of the Software is non-conforming to its specifications, the Vendor may choose to remedy this issue by any of the following: to repair or replace any or all of the Software; or provide a refund to the Licensee.
18. Any refund provided under this section may be reduced where the Licensee has gained significant use and value from the Software. The reduction will be prorated over the anticipated life of the Software.

Warrants and Representations
19. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance
20. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation or use of the Software, or upon purchase of a License Key. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

Maintenance and Support
21. The Licensee will be entitled to normal maintenance and support, at no additional cost, for a period of one year from the date of purchase.
22. Normal maintenance and support is extended for as long as a Subscription is maintained. Proof of subscription may be requested by the Vendor before providing maintenance and support.
23. Normal maintenance will consist of providing minor software updates (e.g., ".1" or ".2" of the version you licensed) of the Software to correct bugs or provide enhancements to the existing Software. Access to previous versions and provisions for relinking Third Party Software libraries licenced under GNU Lesser General Public License is also provided.
24. Technical support will consist of answering by e-mail, user forum, or phone, technical questions regarding use of the Software. Technical support does not include training, consulting, on-site services, or the provision of engineering judgment. To allow the vendor to properly address technical issues, files and other materials may be requested.
25. The vendor will notify you for any requested services that are deemed outside the scope of normal maintenance and support, and to the extent feasible will offer the services requested by you at its then-current rates.

Term
26. The term of this Agreement will begin on Acceptance and remain effective for as long as a Subscription is maintained or the Agreement is terminated by either party.

Termination
27. This Agreement will be terminated and the License Fee forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy all copies of the Software and documentation in your possession.

Force Majeure
28. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law
29. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Wyoming for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Wyoming.

Miscellaneous
30. This Agreement can only be modified in writing signed by both the Vendor and the Licensee. 
31. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee. 
32. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 
33. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
34. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
35. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
36. All notices to the Vendor under this Agreement are to be provided at the following address: Fetki Solutions LLC, 412 N. Main Street, STE 100, Buffalo, Wyoming, 82834, U.S.A.


Schedule A - Third Party Software

Qt version 5.11.3 under GNU Lesser General Public License, version 3
Source: https://www.qt.io
License: https://www.gnu.org/licenses/lgpl-3.0.html
Third party licenses used by Qt: https://doc.qt.io/qt-5/licenses-used-in-qt.html

OpenSSL under BSD/Apache style
Source: https://www.openssl.org/
License: https://www.openssl.org/source/license-openssl-ssleay.txt

SingleApplication under MIT License
Source: https://github.com/itay-grudev/SingleApplication
License: https://github.com/itay-grudev/SingleApplication/blob/master/LICENSE

