Commercial License Agreement

ht4n Commercial License

Version 1, November 2012, Copyright © Thalmann Software & Consulting

1. Introduction

This document is a license agreement ("LICENSE") between You (either an individual or a single entity) and Thalmann Software & Consulting ("DEVELOPER") for the "ht4n" product ("PRODUCT"), which includes computer software, its source code, associated media, printed materials, and "online" or electronic documentation.

No amendment or modification may be made to this LICENSE except in writing signed by You and DEVELOPER.

This LICENSE is not transferable unless You have been given the explicit permission from DEVELOPER to transfer it. This LICENSE applies to all versions of the PRODUCT You have acquired from DEVELOPER, including updates and service packs.

The motivation of this LICENSE is to give You a commercial path to utilizing the PRODUCT acquired from DEVELOPER in closed source applications You are developing or take part in developing. It is also motivated by Your freedom to be able to modify the PRODUCT if You should want to but does not grant You the right to distribute those modifications in any way other than in binary form.

2. License Terms

DEVELOPER grants to You a non-exclusive, non-transferable license to use, copy and modify the PRODUCT only as authorized below. The PRODUCT and all of it's source files remain the intellectual property of DEVELOPER.

3. Individual Developer

The PRODUCT is licensed per individual developer. You may make copies on more than one computer, as long as the use of the PRODUCT is always by the same developer.

4. Source Code

You can modify the source files of the PRODUCT as You wish however You may not redistribute those modifications to anyone else other than those that have acquired a commercial license to the same version of the PRODUCT as You have. An exception to this is in compiled binary form which You can distribute Your components as You wish as long as You take precautions to that no other developer will be able to use Your work as a component unless he has acquired a Commercial License for the same version of the PRODUCT that You have made Your modifications upon.

5. Permissions and Prohibited uses

You can create any number of applications based on the version that You have acquired and distribute those applications as You wish without any restrictions. Though if You build components meant for developers or extending by further development then Your users must also acquire a valid license to use the same PRODUCT from DEVELOPER as You have developed Your component with.

Under no circumstances may You use the PRODUCT or its source code as the basis for or in connection with a product that delivers the same, or substantially the same, functionality as the PRODUCT.

You will not owe the DEVELOPER any royalties for Your distribution of the PRODUCT in accordance with this License Agreement.

6. Termination

This License Agreement and Your right to use the PRODUCT and modifications will terminate immediately without notice if You fail to comply with the terms and conditions of this License Agreement. Upon termination, the GPL v3 license terms will take over and effectively render this License invalid.

7. Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. DEVELOPER DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR DEVELOPER TO DO SO.

8. Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Concluding provisions

Swiss law applies to the legal relationship between DEVELOPER and You as well as to the respective terms and conditions. Place of jurisdiction for both parties is - in so far as permitted by law - Gossau (Switzerland).

You have no right of offset unless the claim is not in dispute or has been determined with legal effect by a court of law. If You are a businessman within the meaning of the Commercial Code or a body under public law, then the place of fulfillment for deliveries and payments and the place of jurisdiction are Gossau (Switzerland).

10. Severability

If any part of these Terms of Service is held to be invalid or unenforceable under any applicable statute or rule of law, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

11. Marketing

DEVELOPER may include Licensee's company name and logo in a publicly available list of customers and in its public communications.