|
QT Solutions GmbH ("LICENSOR") LICENSES THE ATTACHED SOFTWARE TO YOU ("LICENSEE") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT(THE "LICENSE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and QT Solutions GmbH for the Software Product "PROX QT", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s). The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. Reservation of Rights. LICENCOR reserves all rights not expressly granted herein. LICENSEE may not rent, lease, copy, distribute, license, assign or otherwise transfer the Software to any other party. LICENSEE may not reverse engineer, decompile, or disassemble the Software. LICENSOR does not warrant that operation of the Software will be uninterrupted, that the Software will be error-free or other program limitations. LICENSOR expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.To the maximum extent permitted by applicable law, in no event the LICENSOR is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if the LICENSOR has been advised of the possibility of such damages. LICENSOR periodically releases updates to existing versions, and also complete new versions, of the Software Product. For a period of one year following the purchase of the Software Product, updates and new versions are free of costs. LICENSEE's sole remedy under the Software warranty is for LICNENSOR, at LICNENSOR's option, to either: a) repair or replace the Software that does not meet the foregoing warranty if a timely claim is made within the warranty period, or b) issue a full refund of the Software price paid. To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and LICENSOR disclaims any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether LICENSOR knows or has reason to know of LICENSEE's particular needs. In no event will LICENSOR be liable to LICENSEE for any damages connected with or resulting from this License or LICENSEE's use of the Software. LICENSEE agrees to defend and indemnify LICNENSOR, and hold LICENSOR harmless from and against any and all claims which a third party may assert against LICENSOR by reason of or as a consequence of LICENSEE's use of the Software. LICENSOR has the right to terminate this License and LICENSEE's right to use the Software upon any material breach by LICENSEE. In such event, you must destroy all copies of the Software Product and all of its component parts. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by LICNENSOR. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material. You agree to be identified as a LICENSEE of a paid version of "PROX QT" and that the LICENSOR may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in LICENSOR marketing materials, on LICENSOR web sites, in public or legal documents. You hereby grant the LICENSOR a license to use your name and any of your trade names and trademarks solely for marketing purposes. This License is the entire and exclusive agreement between LICENSOR and LICENSEE regarding this Software. This License agreement replaces and supersedes all prior negotiations, dealings, and agreements between LICENSOR and LICENSEE regarding this Software. The LICENSEE agrees that this EULA is drafted in the English language |
