@vaadin/icons 22.0.22 → 22.1.0-alpha1

package/LICENSE

@@ -1,190 +1,1119 @@
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+purchases a paid Subscription to the same Licensed Software as covered by the 
+trial, or export such data, before the end of the trial period.
+
+5. Updates, Upgrades, Maintenance and Support for Licensed Software
+5.1. Vaadin may, at its sole discretion, during the Subscription term offer 
+maintenance releases, updates and upgrades (new versions) to Licensed Software. 
+Installed updates replace and/or supplement (and may disable) the version of 
+the Licensed Software previously provided under the License. The updated 
+Licensed Software remains subject to the terms of the License and to any 
+special terms and conditions possibly accompanying such update.
+
+5.2. Customer is not entitled to receive support for the Licensed Software, 
+except as set out in the Order or other Agreement document. Vaadin may also 
+otherwise at its sole discretion provide support for the Licensed Software 
+during the Subscription term, either for free or for a fee.
+
+6. Subscription-based Services, Tools, and Features
+6.1. This Section 6 sets out the terms under which Customer may purchase 
+certain Subscription-based tools, features and other Services from Vaadin. Any 
+tool, feature or other Service to be delivered by Vaadin to Customer shall be 
+set out and agreed upon in an Order or other Agreement. Sections 6.2–6.10 below 
+apply with respect to Customer only to such extent that Customer has explicitly 
+agreed upon the delivery of such tools, features or other Services by Vaadin to 
+Customer.
+
+6.2 Training Courses
+6.2.1. Customer is offered access to Vaadin’s recorded and/or live, instructor 
+led online training courses during the term of the Subscription.
+
+6.2.2. Customer Users can enroll to live training courses subject to 
+availability of seats. Once Vaadin has processed the Customer User’s 
+enrollment, Vaadin will send such Customer User a confirmation email.
+
+6.2.3. Vaadin exclusively owns and retains all title, Intellectual Property 
+Rights, and any other rights in and to Vaadin Materials used in connection with 
+training courses. Customer agrees not to copy or distribute Vaadin’s 
+copyrighted material without Vaadin’s prior written consent and not to use 
+recording equipment in Vaadin’s classes without Vaadin’s prior written consent.
+
+6.3. Vaadin Commercial Tools
+6.3.1. Customer is given access to existing and upcoming versions of Vaadin’s 
+commercial components and tools as defined in an Order or other Agreement 
+document. Vaadin grants Customer a license to use the commercial Vaadin tools 
+and components for the duration of the Subscription in accordance with the 
+applicable license terms set for each tool and component. Unless otherwise set 
+out in the applicable license terms set for each tool or component, Customer’s 
+right of use shall expire without a separate notice when the Subscription is 
+terminated or expires. 
+
+6.4. Expert Chat
+6.4.1. Customer is offered access to a chat service, where Vaadin’s expert team 
+helps Customer by answering technical questions. This Service allows Customer 
+to get advice regarding any issues related to Supported Software through a chat 
+service during the Support Hours. Only advice is provided as part of this 
+Service. For example, implementation of software, UX design, hands-on sessions 
+through screen sharing or corresponding, or training services are not provided 
+as part of this Service.
+
+6.5. Expert on Demand
+6.5.1. Customer is provided with an on-demand software development and advisory 
+Service, where Vaadin’s expert team helps Customer with Vaadin’s applications. 
+This Service is provided as ticket-based Consulting in accordance with this 
+Section 6.5 and Section 7.1 below.
+
+6.5.2. This Service may include a number of hours that are added into the time 
+balance in the beginning of the Subscription term or on a monthly basis or that 
+are purchased separately. Customer may submit service requests to the Service. 
+The time used for resolving the service requests is deducted from Customer’s 
+time balance. The Subscription has a credit limit that allows resolution of 
+service requests in case the time balance is zero (0) or negative, up to the 
+credit limit. The negative time balance will be invoiced monthly. At the end of 
+the Subscription term any unused positive balance is lost. When the 
+Subscription is terminated, any remaining time balance is lost.
+
+6.5.3. During the Support Hours, the resolution of a support request will be 
+started within two (2) business days. If Vaadin fails to start the resolution 
+as agreed, Customer will be compensated with one (1) free Expert on Demand hour 
+that is added to the time balance.
+
+6.5.4. If the estimated work effort for resolving a service request totals to 
+more than four (4) hours, a confirmation is requested from Customer before 
+starting the work. If the estimated work effort is inadequate for completing 
+the work, Vaadin is not obligated to continue working and will stop working on 
+the service request when the estimated number of hours is reached, if Customer 
+does not authorize the continuation of the service request at their expense.
+
+6.6. Warranty
+6.6.1. This Service allows Customer to request a specific bug in Supported 
+Software to be fixed. There can be only one open warranty request at a time per 
+Subscription. Vaadin reserves the right to choose, at its sole discretion, 
+which warranty requests will be fixed.
+During the Support Hours, the resolution of a support request will be started 
+within two (2) business days. If Vaadin fails to start the resolution as 
+agreed, Customer will be compensated with one (1) free Expert on Demand hour 
+that is added to the time balance.
+
+6.6.2. During the Support Hours, the resolution of a support request will be 
+started within two (2) business days. If Vaadin fails to start the resolution 
+as agreed, Customer will be compensated with one (1) free Expert on Demand hour 
+that is added to the time balance.     
+
+6.7. Vaadin Mentor
+6.7.1. This Service is provided as Consulting in accordance with Section 7.1 
+below.
+
+6.8. Indemnification
+6.8.1. Vaadin shall indemnify, defend and hold harmless Customer from and 
+against any and all third-party claims and/or liabilities, including attorneys’ 
+fees and costs, arising directly out of the use of Vaadin products by Customer 
+in compliance with the Agreement. The aforesaid claims include claims of 
+misappropriation, infringement, and invalid licensing of copyrighted work. If 
+any action or proceeding is brought against Customer by reason of any of the 
+foregoing matters, Vaadin shall upon written notice in English defend the same 
+at Vaadin’s expense and Customer shall cooperate with Vaadin in such defense. 
+If in the reasonable opinion of Vaadin a Vaadin product infringes third-party 
+Intellectual Property Rights or if such infringement has been confirmed in a 
+trial, Vaadin shall and may at its own expense and discretion either (a) obtain 
+the right to continue use of the Vaadin product for Customer; (b) replace the 
+Vaadin product with a product or service that complies with the Agreement and 
+corresponds to the Vaadin product; or (c) modify the Vaadin product in order to 
+eliminate the infringement in such a manner that the modified Vaadin product 
+with the Agreement. If none of the above-mentioned alternatives is available to 
+Vaadin on reasonable terms, Customer shall, at the request of the supplier, 
+stop using the Vaadin product and return it, and Vaadin shall refund the price 
+paid by Customer for the deliverable less the proportion of the price 
+corresponding to the actual time of use. Vaadin shall not, however, be liable 
+if the claim (a) is due to willful misconduct or gross negligence by Customer, 
+(b) is asserted by a group company of Customer, (c) results from alteration of 
+the Vaadin product by Customer or from compliance with Customer’s written 
+instructions; (d) results from use of the Vaadin product in combination with 
+any product or service not supplied by Vaadin; or (e) could have been avoided 
+by the use of a released product or service that complies with the Agreement 
+and corresponds with the deliverables and which product or service is offered 
+for use to Customer by Vaadin without separate charge. The aforesaid indemnity 
+obligation of Vaadin shall, however, always be limited to an amount equal to 
+three times the yearly Subscription fee, and Vaadin’s liability for indemnified 
+claims shall be limited to this Section 6.9.
+
+6.9. Extended Maintenance for Vaadin
+6.9.1. The extended maintenance for Vaadin Service extends the coverage of the 
+Expert Chat Service (Section 6.4) and the Warranty Service (Section 6.6) thus 
+that the latest minor versions of Vaadin Framework versions 7 and 8 and related 
+Vaadin components, Vaadin Tools, Vaadin Pro Add-ons and stable status add-ons 
+released by Vaadin are covered for the duration of the Subscription term.
+
+6.9.2. The extended maintenance for Vaadin Service extends the coverage of the 
+Expert Chat Service (Section 6.4) and the Warranty Service (Section 6.6) thus 
+that the latest minor versions of Vaadin platform versions 10, 14, and 23+ are 
+covered for the duration of the Subscription term.
+
+6.9.3. Any and all changes to the software covered by Extended Maintenance may 
+be published under commercial or non-commercial License and will be made 
+available exclusively to Customers that have subscribed to the extended 
+maintenance for Vaadin Service.
+
+6.9.4. The scope of the extended maintenance for Vaadin Service is described in 
+more detail in the Order or other Agreement document.
+
+6.10. Custom Builds
+6.10.1 This Service allows Customer to request specific bugs fixes or features 
+to be backported to a non-supported version of Vaadin Framework or Vaadin 
+Platform and released as a Customer specific build under a commercial Runtime 
+License (Section 4.4) (“Custom Build”). Features will be backported under the 
+Expert on Demand Service (Section 6.5) and charged separately. Vaadin maintains 
+the Custom Build for the duration of the Subscription. The license to use the 
+Custom Build is valid for the duration of the Subscription and ends when the 
+Subscription terminates.
+
+6.10.2. During the Support Hours, the resolution of a support request will be 
+started within two (2) business days. If Vaadin fails to start the resolution 
+as agreed, Customer will be compensated with one (1) free Expert on Demand hour 
+that is added to the time balance.
+
+6.10.3. Vaadin will build a new version of the Custom Build on demand basis, 
+however, at most once a month.
+
+7. Consulting
+7.1. Delivery of Consulting
+7.1.1 The Parties may agree upon the delivery of Consulting in an Order, SOW, 
+or other Agreement document. Unless otherwise agreed by the Parties, Consulting 
+is delivered by Vaadin to Customer on a time-and-material basis. The standard 
+working methods and practices of Vaadin shall be followed.
+
+7.1.2. Vaadin warrants that the Consulting will be performed in the agreed 
+manner, with due care and with the professional skills required for the task. 
+This warranty shall be valid for thirty (30) days from performance of 
+Consulting. If during such time period, Customer reasonably determines that the 
+Consulting has not been performed in accordance with the aforesaid, Customer 
+shall promptly notify Vaadin. If Vaadin determines that the Consulting was 
+defective, then Vaadin will take prompt remedial action to re-perform any 
+Consulting that fails to meet the limited warranty at its own cost and expense 
+or refund to Customer the fees paid for the non-conforming Consulting. THE 
+FOREGOING STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND VAADIN’S ENTIRE 
+LIABILITY FOR ANY BREACH OF THE FOREGOING WARRANTY REGARDING CONSULTING.
+
+7.1.3. If either Party finds that a delay will occur or is likely, the Party 
+shall without delay inform the other Party in writing of the delay and of the 
+effects of the delay on the delivery time schedule.
+
+7.1.4. Unless otherwise agreed, any indicated delivery times of Vaadin are 
+approximate. Vaadin’s sole responsibility for delays is to use reasonable 
+commercial efforts to meet the specified time of delivery.
+
+7.1.5. If a not-to-exceed hourly limit is specified in the Agreement, Vaadin is 
+not obligated to continue working and will stop working on the Consulting when 
+such limit is reached if Customer does not authorize the continuation of the 
+Consulting at their expense.
+
+7.2. Qualification and Replacement of Personnel
+7.2.1. Customer shall have a right to review and approve the qualifications of 
+any Vaadin personnel assigned to perform the Consulting described in an Order 
+or a SOW, and Customer may require Vaadin to remove and/or replace any of such 
+personnel at any point of time. If Customer has selected named personnel to 
+perform the Consulting, such personnel shall be named in an Order or a SOW.
+
+7.3. Non-solicitation 
+7.3.1. During the Term of an Agreement concerning Consulting and for a period 
+of one (1) year after termination of the Agreement concerning Consulting, both 
+Parties hereby agree that they shall not, directly or indirectly, solicit, 
+discuss employment or consultancy with, or hire any employee or consultant of 
+the other Party, including all affiliates, related and group companies and 
+subcontractors. If either Party breaches this Section, the breaching Party 
+shall, on demand, pay to the other Party 200 000 euros according to the payment 
+terms set forth in this Agreement. This amount represents an agreement between 
+the Parties approximating the significant damage likely to result from breach 
+of this Section and is not to be interpreted as a penalty or punishment 
+therefor.
+
+7.4. Sponsored Development
+The Parties may agree upon the delivery of Sponsored Development in an 
+Agreement. This Service is provided as Consulting in accordance with this 
+Section 7. Intellectual Property Rights to Sponsored Development results are 
+regulated by Section 11 below.
+
+7.5. Change Control 
+7.5.1. All changes to any SOW incorporated into the Agreement, including 
+changes to the specifications and contents of the delivery and the possible 
+effects of the changes to the time schedule, as well as any changes to the 
+price and other terms and conditions of the SOW and of the Agreement shall be 
+agreed in writing to be valid.
+
+8. Modifying Subscription or Service
+8.1. Vaadin may change its Subscriptions and/or Services by adding, modifying 
+or removing any features or functionalities. Vaadin may also stop providing 
+parts of, or the whole of, the Subscription or a Service. Vaadin may also 
+create new operating guidelines or limitations to the Subscription or a 
+Service. Vaadin will notify Customer of significant changes in advance. If the 
+change significantly diminishes or impairs the Subscription or Service, 
+Customer may terminate the Subscription or Service and any pre-paid fees will 
+be refunded in proportion to non-rendered Services or for the remaining 
+Subscription term. Vaadin, however, endeavors not to apply such changes that 
+significantly diminishes or impairs the Service for Customer during the ongoing 
+Subscription term or the ongoing term of a SOW.
+
+9. General Responsibilities of Customer
+9.1. Customer shall pay the applicable Subscription and Service fees in a 
+timely manner.
+
+9.2. Customer shall provide Vaadin free of charge with all permissions, 
+instructions, information, documentation, access rights, resources and 
+assistance that are reasonably necessary for Vaadin to deliver the 
+Subscriptions and Services. Customer will adhere to the agreed processes and 
+ways of working (e.g., online tools and communication systems) as applicable. 
+Customer maintains for its part and at its own cost the data communication 
+connections, equipment, ICT environment and software necessary for the use of 
+Subscriptions and Services, as reasonably informed by Vaadin from time to time.
+
+9.3. Customer is responsible for the correctness, completeness, suitability and 
+non-infringement of any material and information provided and instructions 
+issued to Vaadin as well as for the compliance thereof with the laws, 
+regulations and orders of the authorities. Customer shall ensure that the 
+information and material and agreed use of the Services, Licensed Software, 
+Vaadin Commercial Materials or Vaadin Non-Commercial Materials do not violate 
+any export control restrictions or international trade sanctions. Customer 
+shall ensure that such Services and Materials are used in accordance with 
+applicable law and under relevant consents.
+
+10. Fees, Invoicing and Payment Terms
+10.1. Subscriptions
+10.1.1. The applicable Subscription fee is detailed in the Order or other 
+Agreement document.
+
+10.1.2. The agreed Subscription fee shall apply for the agreed Subscription 
+term. Vaadin shall be entitled to adjust the Subscription fee at any time. The 
+adjusted new Subscription fee shall apply with respect to Customer from the 
+beginning of the next Subscription term, provided that the Subscription is 
+renewed.
+
+10.1.3. As regards Developer Licenses, the Subscription fee is tied to the 
+number of Developers and possible other metrics set out in the Order or other 
+Agreement document. As regards Runtime Licenses, the Subscription fee is tied 
+to the Authorized Application and possible other metrics set out in the Order 
+or other Agreement document. As regards Trial Licenses, no Subscription fee is 
+charged.
+
+10.2. Consulting
+10.2.1. The applicable prices and hourly rates are detailed in the Agreement 
+and/or its appendices. If a price for a Service has not been agreed, the price 
+in Vaadin’s price list effective on the order date shall apply.
+
+10.2.2. Vaadin shall be entitled to adjust its prices with thirty (30) days’ 
+notice to Customer.
+
+10.2.3. Vaadin shall, if pre-approved by Customer, be entitled to charge for 
+customary and reasonable travel and accommodation costs as well as other travel 
+costs relating to Services. Traveling time shall be charged as 50% of the 
+agreed hourly rates.
+
+10.2.5. In case Customer requests that Vaadin personnel performs Consulting 
+more than eight (8) hours per day, and Vaadin agrees to such request, Vaadin 
+shall be entitled to charge a 50% surplus for each hour exceeding such eight 
+(8) hour limit. If no hourly rate is agreed in the Agreement, Vaadin’s price 
+list effective on the order date shall apply.
+
+10.3. Invoicing and payment terms
+10.3.1. Vaadin invoices Subscriptions in advance upon order or thirty (30) days 
+before renewal. Time-and-material based Services are invoiced for monthly in 
+arrears.
+
+10.3.2. Value added tax, sales tax and any other similar taxes, charges and 
+withholdings are added to the fees in accordance with the then current 
+regulations.
+
+10.3.3. Payment terms are ten (10) days net of the date of an invoice. Vaadin 
+reserves the right to charge interest on any unpaid balances, at the rate of 
+two percent (2%) per month.
+
+11. Intellectual Property Rights
+11.1. Vaadin Materials
+11.1.1. All Intellectual Property Rights, title and any other rights in and to 
+Vaadin Materials are and shall at all times remain the sole and exclusive 
+property of Vaadin and its third-party licensors, if any. Such Vaadin Materials 
+include, e.g., Licensed Software, Vaadin Commercial Materials, Vaadin 
+Non-Commercial Materials, and Vaadin’s Pre-Existing Materials.
+
+11.1.2. Customer’s right to use Licensed Software, other Vaadin Commercial 
+Materials, and/or Vaadin Non-Commercial Materials is subject to Customer 
+separately obtaining a license to such Materials and Customer complying with 
+such license terms and conditions. Customer may use Vaadin’s Materials only for 
+the purpose set out in the Agreement.
+
+11.1.3. Customer will not at any time do or cause to be done any such act or 
+thing which in any way impairs, or intends to impair, any right, title, 
+interest or any Intellectual Property Right of Vaadin or its third-party 
+licensors. Customer shall not in any manner represent that it has any ownership 
+of any kind in any of the above-mentioned Intellectual Property Rights.
+
+11.1.4. Customer’s License to Use Licensed Software is set out under Section 4 
+above. Section 6 contains license terms relating to certain tools, features and 
+other Services from Vaadin.
+
+11.2. Customer Work Products
+11.2.1. Unless otherwise agreed between the parties with respect to Vaadin’s 
+Pre-Existing Materials, Vaadin grants to Customer a perpetual, worldwide, 
+non-exclusive, royalty-free, irrevocable, transferable license to use, make, 
+reproduce, prepare derivative works of, publicly display and perform, transmit, 
+sell, offer to sell, and distribute Vaadin’s Pre-Existing Materials or any 
+derivative works of Vaadin’s Pre-Existing Materials that are used in the 
+creation of agreed Customer Work Products as part of Consulting and are an 
+inseparable part of the Customer Work Products. This license is limited to 
+Vaadin’s Pre-Existing Materials only, as described above, and does not grant 
+any rights to any Licensed Software, other Vaadin Commercial Materials, or 
+Vaadin Non-Commercial Materials.
+
+11.3. Customer Materials
+11.3.1. Customer exclusively owns and retains all title, Intellectual Property 
+Rights, and any other rights in and to Customer’s Pre-Existing Materials. 
+Vaadin has the right to use Customer’s Pre-Existing Materials only for the 
+purposes of the Agreement.
+
+11.3.2. Customer exclusively owns and retains all rights to the Customer Work 
+Products. Vaadin has the right to use the Customer Work Products only for the 
+purposes of the Agreement. For the avoidance of doubt, the Customer Work 
+Products never includes Licensed Software, other Vaadin Commercial Materials, 
+or Vaadin Non-Commercial Materials.
+
+11.4. Sponsored Development Results
+11.4.1. Vaadin exclusively owns and retains all title, Intellectual Property 
+Rights and any other rights in and to any results from Sponsored Development 
+(“Sponsored Development Results”). Vaadin grants to Customer a perpetual, 
+worldwide, non-exclusive, royalty-free, irrevocable, transferable license to 
+use, make, reproduce, prepare derivative works of, publicly display and 
+perform, transmit, sell, offer to sell, and distribute Sponsored Development 
+Results or any derivative works of Sponsored Development Results.
+
+11.5. Contributions to Vaadin Materials
+11.5.1. Customer irrevocably and perpetually assigns to Vaadin all of 
+Customer’s right, title and interest in and to any contribution related to 
+Licensed Software, other Vaadin Commercial Materials, Vaadin Non-Commercial 
+Materials, or Vaadin’s Pre-Existing Rights, including without limitation 
+software artefacts, modifications, bug fixes, bug reports, performance reports, 
+documentation changes and other enhancements created during the performance of 
+the Agreement, including without limitation all proprietary rights and 
+Intellectual Property Rights recognized anywhere in the world, now or in the 
+future, associated with Customer’s contribution related to said Vaadin 
+Materials. Customer represents and warrants that it has the legal right to 
+grant these rights to Vaadin.
+
+11.5.2. The Parties may on a case-by-case basis and in advance agree separately 
+on more significant Customer contributions to Vaadin Materials.
+
+11.6. Content in Expert on Demand and Expert Chat
+11.6.1. As regards content submitted to the expert on demand or expert chat 
+Services, Customer grants Vaadin a worldwide, fully paid-up limited license to 
+use and utilize such content for the purposes of improving and operating 
+Vaadin’s Services. This license continues even if the Subscription ends and 
+Customer stops using Vaadin’s Services. Customer represents and warrants that 
+it has the legal right to grant these rights to Vaadin.
+
+11.6.2. Vaadin grants Customer a worldwide, royalty-free, irrevocable, 
+non-exclusive license to duplicate, modify, distribute, sell, re-license and 
+reuse the answers and advice to the requests that Customer has sent to the 
+expert on demand or expert chat Services. This license does not give Customer 
+any rights to any Intellectual Property Rights that are not created as part of 
+the service request resolution process, including without limitation Licensed 
+Software, other Vaadin Commercial Materials, Vaadin Non-Commercial Materials, 
+Vaadin’s Pre-Existing Materials, or other software, products or documentation.
+
+11.7. Third-Party Components
+11.7.1. All Intellectual Property Rights to third-party components are owned by 
+third parties and exclusively governed by the terms issued by the respective 
+third-party vendors. To the extent the use of third-party components has not 
+been agreed upon in the Agreement, Vaadin will ask for Customer’s written 
+permission for using any third-party components in connection with providing 
+the Services. Customer agrees to procure all such licenses for third-party 
+components necessary for the provision of the Services.
+
+11.8. Vaadin Trademarks
+11.8.1. “Vaadin”, “}>”, “Fight for Simplicity” and “Thinking of U and I” are 
+registered trademarks of Vaadin Ltd and may not be used without permission from 
+Vaadin.
+
+11.9. Suspected Violations of Intellectual Property Rights
+11.9.1. Customer is encouraged to notify Vaadin if it suspects that somebody is 
+violating Vaadin’s Intellectual Property Rights, by email to privacy@vaadin.com 
+or by filling Vaadin’s online contact form.
+
+12. Customer Data
+12.1. Customer acknowledges that it is solely responsible for protecting and 
+preserving any and all information and data present on its computer systems or 
+which may be otherwise affected by the performance of the Licensed Software 
+and/or Services. Vaadin shall not be responsible for the loss of or damage to 
+any such information, including where such loss or damage results from failure 
+of Customer to properly back-up its data prior to the performance of the 
+Licensed Software and/or Services. Customer shall be responsible for taking 
+back-up copies of its data and data files and for verifying the functionality 
+of such back-up copies.
+
+13. Processing of Personal Data
+13.1. The Privacy Policy describes in detail how Vaadin as a controller 
+processes personal data on its customers and community members.
+
+13.2. If Vaadin processes personal data on behalf of Customer, the Parties 
+shall enter into a separate data processing agreement.
+
+14. Confidentiality
+14.1. Both Vaadin and Customer agree that the Agreement and all information and 
+Materials related to the Agreement constitutes “Confidential Information”. 
+Confidential Information further includes information either marked as 
+confidential or information reasonably known or understood by the receiving 
+Party as being treated by the disclosing party as confidential. Confidential 
+Information shall not include information: (i) that is now or becomes generally 
+available to the public through no fault or breach of the receiving Party; (ii) 
+that the receiving Party can document was already known to it prior to 
+disclosure by the disclosing Party; (iii) that is independently developed by 
+the receiving Party without the use of any of the other Party’s Confidential 
+Information; and (iv) that the receiving Party rightfully obtains from a third 
+party who has the right to transfer or disclose it.
+
+14.2. Each Party agrees to keep the other Party’s Confidential Information 
+confidential, not to use such information except as authorized by the 
+disclosing Party, and to accord to such information the same safeguards and 
+protections which it accords to its own confidential business or technical 
+information. If the receiving Party is subpoenaed or ordered by any court or 
+governmental agency to disclose the other Party's Confidential Information, it 
+will provide prompt written notice to the other Party so as to allow such Party 
+to seek a protective order or confidential treatment for such information.
+
+14.3. Both Parties may disclose Confidential Information to their personnel 
+that have a need to know such Confidential Information for performing the 
+duties required by the Agreement with the provision that such personnel is 
+bound by confidentiality obligations corresponding to those included in this 
+Section 14.
+
+15. Use of Name
+15.1. Vaadin may use Customer’s name and logo in its marketing collateral, 
+websites, and promotional materials to identify Customer as a customer of 
+Vaadin.
+
+16. Subcontractors
+16.1. Vaadin may subcontract the delivery of its Subscriptions and Services 
+wholly or partially, however, such subcontractors must agree to be bound by 
+confidentiality provisions corresponding to those set out in the Agreement. 
+Vaadin may use resources from any parent, affiliated or related companies to 
+perform its Subscriptions and Services.
+
+17. Employees
+17.1. Vaadin is responsible for all Vaadin personnel and for the payment of 
+their compensation, including, if applicable, withholding of income taxes and 
+the payment and withholding of social security and other payroll taxes, 
+unemployment insurance, workers’ compensation insurance payments and disability 
+benefits.
+
+18. Competition
+18.1. Customer acknowledges and agrees that Vaadin may, without limitation, 
+grant licenses and provide Subscriptions and Services to other persons, firms, 
+corporations, or other entities, including entities that compete with Customer, 
+on any terms Vaadin deems appropriate.
+
+19. Auditing rights
+19.1. Vaadin shall have a right to inspect and audit Customer’s compliance with 
+the Agreement. Before using its audit right, Vaadin may first ask Customer to 
+address its compliance with the Agreement by correspondence, reports, and other 
+documents. If Vaadin finds such documentation insufficient, Vaadin shall be 
+entitled to carry out an audit during regular business hours of Customer. Such 
+audit may be carried out no more than once per year unless a follow-up audit is 
+required due to revealed violations of the Agreement. If an audit reveals 
+violations of the Agreement or an underpayment by Customer, Customer shall 
+without delay pay the amount underpaid and/or correct the error/shortage and in 
+addition compensate Vaadin for all reasonable costs associated with such an 
+audit.
+
+20. Term and Termination
+20.1. Subscriptions
+20.1.1. A Subscription is purchased for a Subscription term chosen at the time 
+of purchase.
+
+20.1.2. Customer's right of use starts at the beginning of the Subscription 
+term and remains in force until the end of the Subscription term. The start 
+date of the Subscription term may be set out in the Order or other Agreement 
+document. If no Subscription start date is specified, the start date shall be 
+the date when Vaadin provides Customer with access to subscribed product or 
+service.
+
+20.1.3. At the end of the Subscription term, the Subscription is automatically 
+renewed for the period length corresponding to the length of the original 
+Subscription term. Customer will be charged with the same payment method as 
+with the most recent Subscription. Customer can terminate any Subscription 
+within the vaadin.com service or by contacting Customer’s contact person at 
+Vaadin at any time. If a right of use is given without a fee, such right of use 
+is valid for the time defined by Vaadin.
+
+20.1.4. Details regarding Subscriptions for Licensed Software
+20.1.5 Upon expiration or termination of a License (in connection with the 
+expiration of a Subscription term or a premature termination of the Agreement), 
+Customer’s and its Authorized Users’ right to Use Licensed Software shall end. 
+Except as set out in Section 20.1.6 below, Customer shall promptly cease use of 
+the Licensed Software and destroy all copies of the Licensed Software in its 
+possession.
+
+20.1.6. With respect to Developer Licenses, Customer may also after the 
+Subscription term continue permitted redistribution of the Licensed Software as 
+part of Customer’s Project Result, providing that the Licensed Software is not 
+further developed or modified or used as a component or framework in a software 
+development project or used in another way that would require a valid Developer 
+License. In case the Agreement is terminated due to Customer’s breach of the 
+Agreement, Vaadin shall, however, be entitled to terminate Customer’s possible 
+right of redistribution. Any licenses Customer has granted to the Project 
+Result in accordance with the terms and conditions of these Commercial Terms 
+will, however, survive termination of the Agreement.
+
+20.1.7. With respect to Runtime Licenses, Customer’s and its sub-licensees’ 
+(i.e., possible permitted customers of Customer’s Authorized Application(s)) 
+right to Use Licensed Software ends on the day that the Subscription expires or 
+is terminated.
+
+20.2. Consulting
+20.2.1. An Agreement on Consulting shall commence as of the Effective Date and 
+remain in effect until further notice or for any fixed term agreed by the 
+Parties (“Consulting Term”). During the Consulting Term, each SOW shall remain 
+in effect until the Services have been delivered to Customer or as otherwise 
+agreed by the Parties in the SOW. The termination of a SOW shall not cause the 
+termination of any other SOW.
+
+20.2.2. Either Party may terminate any SOW during the Consulting Term for any 
+reason or no reason by giving thirty (30) days’ written notice to the other 
+Party. 
+
+20.3. General provisions
+20.3.1. Vaadin may stop providing its Subscriptions or Services, or terminate 
+the Agreement upon written notice of termination to Customer, if Customer has 
+not paid a due and correct payment despite a written reminder, or Customer 
+otherwise breaches any obligation under the Agreement, becomes insolvent or 
+ceases doing business in the ordinary course. Vaadin may also stop providing 
+Subscriptions or Services to Customer if Vaadin is investigating suspected 
+misuse. If Customer’s breach is capable of being remedied, the Agreement may be 
+terminated only if Customer has not rectified its breach within seven (7) days 
+from the written notice of Vaadin.
+
+20.3.2. If Customer terminates the Agreement, no pre-paid Subscription or 
+Service fees will be returned. If Vaadin terminates the Agreement prematurely, 
+excluding termination due to Customer’s breach of any obligations under the 
+Agreement, pre-paid Service fees will be refunded in proportion to non-rendered 
+Services. All accrued Service fees shall be invoiced and paid upon termination 
+of the Agreement within 45 days.
+
+21. Survival
+21.1. Any sections of the Agreement containing provisions on Intellectual 
+Property Rights, licensing restrictions, confidentiality, use of name, 
+non-solicitation, warranties and warranty disclaimers, limitations of 
+liability, audits rights, governing law and jurisdiction, and any term of the 
+Agreement which, by its nature, is intended to survive termination or 
+expiration, will remain in effect following any termination or expiration if 
+the Agreement, as will Customer’s obligation to pay any fees accrued and owing 
+to Vaadin as of termination or expiration.
+
+22. Warranties
+22.1. LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND 
+EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 
+EXCEPT AS EXPRESSLY PROVIDED IN THESE COMMERCIAL TERMS, NEITHER PARTY MAKES ANY 
+WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED 
+WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR 
+PURPOSE, ANY IMPLIED WARRANTY THAT ANY SOFTWARE, PRODUCT OR SERVICE WILL MEET 
+ALL NEEDS AND EXPECTATIONS, BE ERROR-FREE, OR BE OF CERTAIN CONDITION, QUALITY 
+OR DURABILITY, OR FUNCTION OR PERFORM IN A CERTAIN WAY. ALL SUCH WARRANTIES, 
+CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
+23. Limitation of Liability
+23.1. VAADIN AND ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY 
+INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT 
+NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PROFITS, LOSS OF 
+REVENUES, LOSS OF BUSINESS OPPORTUNITIES AND LOSS OF GOODWILL, OR FOR DAMAGES 
+CAUSED TO THIRD PARTIES OR BY THE PURCHASE OF REPLACEMENT PRODUCTS OR SERVICES, 
+HOWSOEVER CAUSED, EVEN IF THEY HAVE BEEN ADVISED OF OR SHOULD HAVE FORESEEN 
+SUCH DAMAGES.
+
+23.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF 
+A PARTY TOWARDS THE OTHER PARTY IN RELATION TO THE AGREEMENT IS LIMITED TO A 
+MAXIMUM OF 50 % OF THE PRICE PAYABLE FOR THE AGREED SUBSCRIPTION, PRODUCT OR 
+SERVICE DIRECTLY RELATED TO THE CAUSE OF ACTION ASSERTED UNDER THE RELEVANT 
+AGREEMENT. IN CASE OF SUBSCRIPTIONS, THE AFOREMENTIONED 50 % LIMIT IS 
+CALCULATED BASED ON THE SUBSRPTION FEE FOR THE MOST RECENT SUBSCRIPTION TERM. 
+IN CASE OF CONSULTING CARRIED OUT OUTSIDE A SUBSCRIPTION, THE AFOREMENTIONED 
+50 % LIMIT IS CALCULATED BASED ON THE TOTAL VALUE OF THE CONSULTING UNDER THE 
+RELEVANT SOW.
+
+23.3. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF 
+ACTION OR LEGAL THEORY PLED OR ASSERTED, INCLUDING NEGLIGENCE, TORT, BREACH OF 
+CONTRACT AND WARRANTY.
+
+24. Statute of Limitation
+24.1. The Parties agree that any action in relation to an alleged breach of the 
+Agreement shall be commenced within one (1) year of the date of the breach, 
+without regard to the date the breach is discovered. Any action not brought 
+within that one (1) year time period shall be barred, without regard to any 
+other limitations period set forth by law or statute.
+
+25. Complaints
+25.1. If at any time a Customer User would like to discuss with Vaadin how the 
+Subscriptions or Services can be improved or if a Customer User has a complaint 
+about the Subscriptions or Services, such Customer User is invited to contact 
+the Vaadin contact person identified in the Agreement. Vaadin will investigate 
+any complaints promptly and do what it can to resolve the difficulties.
+
+26. Governing Law and Jurisdiction
+26.1. For customers domiciled in the United States
+26.1.1. If Customer’s domicile is in the United States, the Agreement shall be 
+governed by and construed in accordance with the substantive laws of the State 
+of California. The Agreement shall be construed and enforced without regard to 
+the United Nations Convention on the International Sale of Goods (CISG). Any 
+dispute or controversy or claim arising out of or relating to the Agreement, or 
+the breach, termination or validity thereof, shall be resolved by final and 
+binding arbitration in accordance with the International Chamber of Commerce 
+Rules of Arbitration, by one (1) arbitrator appointed according to the 
+aforementioned rules. The arbitration shall be conducted in the English 
+language in San Francisco, California, United States.
+
+26.2. For customers domiciled outside the United States
+26.2.1. If Customer’s domicile is outside the United States, the Agreement 
+shall be governed by and construed in accordance with the substantive laws of 
+Finland, excluding its choice of law provisions and the United Nations 
+Convention on Contracts for the International Sale of Goods (CISG). Any 
+dispute, controversy or claim arising out of or relating to the Agreement, or 
+the breach, termination or validity thereof, shall be finally settled by 
+arbitration in accordance with the Arbitration Rules of the Finland Chamber of 
+Commerce. The number of arbitrators shall be one. The seat of arbitration shall 
+be Turku, Finland. The language of the arbitration shall be English.
+
+26.3. Waiver of Jury Trial
+26.3.1. UNLESS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT OR ANY SOW 
+INCORPORATED IN THE AGREEMENT, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN 
+ANY PROCEEDING ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SUBSCRIPTIONS, 
+PRODUCTS AND SERVICES PROVIDED HEREUNDER.
+
+27. Miscellaneous
+27.1. Force Majeure
+27.1.1. Except for the obligation to pay sums due hereunder, neither Party 
+shall be responsible for defaults, delays or failures in performance of the 
+Agreement (including, without limitation, war or insurrection, earthquake, 
+flood or other similar natural catastrophe, pandemics, interruptions in general 
+traffic, data communication or supply of electricity, technical malfunctions, 
+denial-of-service attacks, computer errors, corruption or loss of information, 
+import or export embargo, strike, lockout, boycott or other similar industrial 
+action) resulting from acts, events, circumstances or causes beyond its 
+control, including also a force majeure encountered by a subcontractor of a 
+Party.
+
+27.2. Entire Agreement and Order of Precedence
+27.2.1. The Agreement, including within limitation the Order or SOW, these 
+Commercial Terms and any other appendices, comprise the entire agreement 
+between Customer and Vaadin and supersedes all prior or contemporaneous 
+negotiations, discussions or agreements, whether written or oral, between the 
+parties regarding the subject matter of the Agreement.
+
+27.2.2. In case of discrepancies between the documents constituting part of the 
+Agreement, the following order of precedence shall apply: (i) the Order, SOW or 
+other mutually signed Agreement document, (ii) these Commercial Terms, (iii) 
+other appendices of the Agreement (the appendices are applied as mutually 
+supplementary).
+
+27.3. Notices
+27.3.1. Notices and communications shall be in writing and deemed served when 
+received by hand delivery, certified mail (return receipt requested), by 
+recognized overnight courier or by e-mail that is replied to by a contact 
+person of the other Party.
+
+27.4. No Waiver
+27.4.1. The failure of a Party to exercise any right or privilege arising out 
+of the Agreement shall not preclude it from requiring that the other Party 
+fully performs its obligations and shall not preclude the Party from exercising 
+such a right or privilege at any time.
+
+27.5. Headings
+27.5.1. The headings in these Commercial Terms are for the convenience of the 
+Parties only and are not intended to define or limit the scope or 
+interpretation of the Commercial Terms or any provision hereof.
+
+27.6. Severability
+27.6.1. If any provision of the Agreement shall be held invalid, illegal or 
+unenforceable, the remaining provisions shall not be affected or impaired. 
+
+27.7. Export Control
+27.7.1. The Licensed Software may be subject to import and export controls in 
+other countries. Customer agrees to strictly comply with all applicable import 
+and export regulations and acknowledge that Customer has the responsibility to 
+obtain licenses to export, re-export, transfer or import Licensed Software.  
+
+27.8. Assignment
+27.8.1. Neither Party shall have the right to assign the Agreement to a third 
+party without the prior written consent of the other Party. However, Vaadin 
+shall have the right to assign the Agreement and the rights and obligations 
+contained therein to a company belonging to the same group of companies as 
+Vaadin, and to a third party to which the business of Vaadin is transferred. 
+Furthermore, Vaadin may assign its rights to amounts payable to it under the 
+Agreement.
+
+27.9. Language
+27.9.1. The official text of the Agreement, any notices given, or accounts or 
+statements required hereby shall be in English.
+
+27.10. Changes to these Commercial Terms
+Vaadin may change these Commercial Terms at any time, upon thirty (30) days 
+prior written notice. The changed Commercial Terms shall apply to any new 
+Orders and Agreements entered into after the effective date of the change. As 
+regards Subscriptions, the changed Commercial Terms shall apply from the 
+beginning of a renewed Subscription term, provided that Vaadin has notified 
+Customer of the changed Commercial Terms no less than thirty (30) days prior to 
+the renewal of the Subscription. If Customer does not agree to the amendment, 
+it may terminate the affected Agreement by providing written notice to Vaadin 
+prior to the effective date of the change (unless Vaadin decides to cancel the 
+respective amendment before such effective date, in which case no termination 
+right exists). Otherwise, the Agreement may be modified only by an express 
+written agreement executed by authorized representatives of each Party.