Terms Of Use - Qt Insight Tracker Library

Version 1.1

Qt Insight Tracker Library (“Tracker Library”) is a software module used to collect end user data from Customer’s Application and Devices relating to The Qt Company’s Qt Insight Service the Customer is ordering from The Qt Company under a separate agreement (“ Agreement”). 

Unless otherwise set forth herein, definitions written in capital letters used herein shall have the meaning set forth in the Agreement. 

Subject to these terms The Qt Company grants to Customer a worldwide, non-exclusive, non-transferable, royalty-free, revocable (for cause) right and license, valid for the term of the  Agreement, to  

1. use, copy and modify Tracker Library for the purpose of including it into the Devices and Applications and solely for the purpose of being used only in conjunction with Insight Cloud or Insight Private Cloud, and
2. distribute, by itself or through its Contractors, Tracker Library as installed, incorporated, or integrated into Applications and/or Devices. 

Use of Tracker Library in a way or for the purpose other than the above is strictly prohibited. Tracker Library is licensed to the Customer in all respects "as is". 

Customer’s use of the Tracker Library requires Customer to install and enable a “kill switch” in the Devices and Applications that curtails the sending of end user data to the Insights Service. Upon termination of the Agreement for any reason, Customer will activate the “kill switch” and cease the sending of any information via the Tracker Library to the Insights Service. Should Customer not activate or fail to properly activate the kill switch upon termination and any data be transmitted to The Qt Company, Customer remains liable for any costs incurred by The Qt Company related to any continued transmission of data.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QT COMPANY ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE TRACKER LIBRARY. THE QT COMPANY DOES NOT WARRANT THAT THE TRACKER LIBRARY WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT IT WILL OPERATE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. 

IN NO EVENT SHALL THE QT COMPANY BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THE USE OF THE TRACKER LIBRARY. 

THE TOTAL MAXIMUM LIABILITY OF THE QT COMPANY UNDER THESE TERMS SHALL IN NO EVENT EXCEED 10,000 EUROS.