Product and Service Agreements
Exhibit: Pool License Terms
1. These Pool License Terms provides the terms and conditions under which Customer and The Qt Company agree to the use and purchase of a Pool License. In the event of a conflict between this Addendum and the Agreement, this Addendum shall prevail. Capitalized terms used in this Addendum not defined herein shall have the same meanings as set forth in the Agreement.
2. ADDITIONAL DEFINITIONS
2.1. “License Server” is as defined in the associated Documentation (e.g., Cloud Qt License Server or Connected On-premise Qt License Server).
2.2. “Pool License” means the license structure for Customer enabling a Customer “pool” for Qt Licensed Software licenses via the Licensed Server to provide Licensed Software licenses to multiple Designated Users. Further information on the Pool License is available in the Documentation.
3. POOL LICENSE
3.1. Pool License Structure
3.1.1. Structure. A Pool License enables a certain number of Designated Users to use the Licensed Software for which the Pool License applies. The use of a Pool License enables the automatic reallocation of licenses for Designated Users within the pool of Licensed Software licenses provided in the Pool License. The parameters and unique identifier of the Pool License purchased by Customer is set forth in the corresponding Qt quote. Customer may allocate the licenses within the Pool License in accordance with the Documentation. Pool Licenses may not be used in more than one instance per Pool License without the explicit written permission of The Qt Company.
3.1.2. Reallocation. If a Designated User does not use his/her allocated license during the stated Lease Time period (calculated from the last day of usage), then, after expiration of the Lease Time, the unused license is automatically released back to the pool of available Licensed Software licenses.
3.1.3. Overage Users. If Customer’s Pool License is enabled to permit an amount of usage of Licensed Software over the allocated number of licenses in the pool (“Overage Users”), The Qt Company will invoice Customer for any used overage on a quarterly basis. The overage will be calculated based on the number of additional Customer users (the difference between the allocated Designated Users and Overage Users in each month) utilizing the Pool License in the prior quarter. Where overage is enabled, Customer and The Qt Company will have quarterly business reviews to discuss and review Pool License usage and parameters.
3.1.4. Compliance. Licensed Software used under the Pool License is at all time subject to compliance with the License Agreement between the Parties. Customer may not duplicate, circumvent, or attempt to utilize the Pool License in a manner that goes against the instance and overage restrictions in this Section 3, and The Qt Company may, at a minimum, invoice Customer for any such actions. If Customer misuses the Pool License structure—including via duplication or circumvention—or does not follow the Customer Requirements in Section 3.2 below, The Qt Company may require that Customer utilize the Licensed Software in a manner other than use of a Pool License (e.g., on a named user basis).
3.2. CUSTOMER REQUIREMENTS
3.2.1. Customer must enable and maintain a suitable technical environment for use of a Pool License via the License Server. Technical parameters and requirements (including regarding Qt features and required functionality) are provided in the Documentation.
3.2.2. Customer must enable connectivity for the License Server to The Qt Company licensing backend in order to enable Pool License compliance verification (e.g., to measure Overage), and any updates or renewals to the purchased Pool License itself.
3.2.3. Customer is responsible for ensuring that Customer's Designated Users are enrolled as Designated Users of the Pool License on the License Server (in accordance with the Documentation).
4. SUPPORT. Support is provided according to the Qt Appendix for Support as available at https://www.qt.io/terms-conditions/support-terms. Support is available to Designated Users with a valid Qt Account and utilizing the Pool License in an active Lease Time.