This license applies to the standard-licensed
version of EasyQD™.
1. Your Agreement to this
License
This License applies to the EasyQD™
software and its accompanying files, data
and materials ("EasyQD"). You
should carefully read the following terms
and conditions before using, installing
or copying this software. Your use, installation,
or copying of EasyQD indicates your acceptance
of this agreement ("License").
The terms and conditions of this License
describe the permitted use and user(s) of
each Licensed Copy of EasyQD. For purposes
of this License, you have a valid single-copy
license and you have the right to use a
single "Licensed Copy" of EasyQD.
This License does not permit or allow you
to distribute EasyQD software for any purposes
whatsoever. Any act to distribute EasyQD
software will be considered a material breach
and your License to EasyQD will automatically
terminate, and be rendered null and void.
If you do not agree to all of the terms
and conditions of this License, then you
are not authorized to use, install or replicate
any copy of EasyQD with which this License
is included.
2. Software License and
Terms of Usage
2.1 As long as you comply with the terms
of this Software License Agreement (this
"Agreement"), Future Information
Research Management AS (“FIRM”)
grants to you a non-exclusive License to
use EasyQD for the purposes described herein.
2.2 General Use. You may install and Use
a copy of EasyQD on your compatible computer,
up to the Permitted Number of computers.
2.3 Easy QD has been designed to work only
in conjunction with Confirmit®. EasyQD
is however a stand alone application and
has not been designed as an integral part
of Confirmit® or any other software
application.
2.4 EasyQD is provided to you at no license
cost.
2.5 EasyQD is offered for your usage as
an unsupported application.
2.6 Nothing within this License shall permit
or be inferred directly or indirectly to
permit or be interpreted to permit a right
to License or use any other products marketed
or developed by FIRM.
2.7 Backup Copy. You may make one backup
copy of EasyQD, provided your backup copy
is not installed or used on any computer.
All the terms and conditions application
to your License of EasyQD shall be fully
and equally be applicable to any backup
copy.
EasyQD and any authorized copies that you
make are the intellectual property of and
are owned by FIRM. The structure, organization
and code of EasyQD are the valuable trade
secrets and confidential information of
FIRM. EasyQD is protected by law, including
without limitation the copyright laws of
the United States and other countries, and
by international treaty provisions. Except
as expressly stated herein, this Agreement
does not grant you any intellectual property
rights in EasyQD and all rights not expressly
granted are reserved by FIRM.
4. Restrictions
4.1 Notices. You shall not copy EasyQD
except as set forth in Section 2.7. Any
copy of EasyQD that you make must contain
the same copyright and other proprietary
notices that appear on or in EasyQD.
4.2 No Modifications. You shall not modify,
adapt or translate EasyQD. You shall not
reverse engineer, decompile, disassemble
or otherwise attempt to discover the source
code of EasyQD except to the extent you
may be expressly permitted to decompile
under applicable law, it is essential to
do so in order to achieve operability of
EasyQD with another software program, and
you have first requested FIRM in writing
to provide the information necessary to
achieve such operability and FIRM has not
made such information available within 15
days from your request. FIRM has the right
to impose reasonable conditions and to request
a reasonable fee before providing such information.
Any such information supplied by FIRM and
any information obtained by you by such
permitted decompilation may only be used
by you for the purpose described herein
and may not be disclosed to any third party
or used to create any software which is
substantially similar to the expression
of EasyQD. Requests for information should
be directed to the FIRM by e-mail to info@easyqd.com.
4.3 Transfer. You may not rent, lease,
sublicense, assign or transfer your rights
in EasyQD, or authorize all or any portion
of EasyQD to be copied onto another user's
computer.
4.4 EasyQD is provided with "Restricted
Rights". Use, modification, duplication,
release, performance, display, or disclosure
by the U.S. Government or government contractors
is subject to the restrictions set forth
in subparagraph (c)(1) and (2) of the Commercial
Computer Software Restricted Rights clauses
at 48 CFR 52.227-19, and the provisions
relating to Rights in Commercial Computer
Software or Commercial Computer Software
Documentation at 48 CFR 227.7202-3.
4.5 Export Restrictions. EasyQD is subject
to certain export restrictions of the United
States Government. If you are (a) in a country
to which export from the United States is
restricted for anti-terrorism reasons, or
a national of any such country, wherever
located, (b) in a country to which the United
States has embargoed or restricted the export
of goods or services, or a national of any
such country, wherever located, or (c) a
person or entity who has been prohibited
from participating in United States export
transactions by any agency of the United
States Government, then you may not install,
download, access, use, or license EasyQD.
By accepting this License, you warrant and
represent to FIRM that (1) you do not match
the criteria set forth in (a), (b), or (c)
above, (2) that you will not export or re-export
EasyQD to any country, person, or entity
subject to U.S. export restrictions, including
those persons and entities that match the
criteria set forth in (a), (b), or (c) above,
and (3) that neither the United States Bureau
of Industry and Security, nor any other
U.S. federal agency, has suspended, revoked,
or denied your export privileges.
5. Updates.
If EasyQD is an Update to a previous version
of EasyQD, you must possess a valid license
to such previous version in order to Use
such Update. All Updates are provided to
you on a license exchange basis. You agree
that by Using an Update you voluntarily
terminate your right to use any previous
version of EasyQD. As an exception, you
may continue to Use previous versions of
EasyQD on your Computer after you Use the
Update buy only to assist you in the transition
to the Update, provided that: (a) the Update
and the previous versions are installed
on the same computer; and (b) the previous
versions or copies thereof are not transferred
to another party or Computer unless all
copies of the Update are also transferred
to such party or Computer.
6. NO WARRANTY.
EasyQD is delivered to you "AS IS"
and FIRM makes no warranty as to its use
or performance. FIRM AND ITS SUPPLIERS DO
NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION
OR TERM TO THE EXTENT TO WHICH THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE IN THE STATE OF CALIFORNIA
FIRM MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
OR TERMS (EXPRESS OR IMPLIED WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE)
AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. The provisions
of Section 6 and Section 7 shall survive
the termination of this Agreement, howsoever
caused, but this shall not imply or create
any continued right to Use EasyQD after
termination of this Agreement.
Further, there is no warranty for any virus
scanning feature. EasyQD does not scan for
viruses; although it may run in conjunction
with external programs that claim to perform
this function. You acknowledge that good
data processing procedure dictates that
any program, including EasyQD, must be thoroughly
tested with non-critical data before there
is any reliance on it, and you hereby assume
the entire risk of all use of the copies
of EasyQD covered by this License. This
disclaimer of warranty constitutes an essential
part of this License.
In addition, in no event does FIRM authorize
you or anyone else to use EasyQD in applications
or systems where EasyQD's failure to perform
can reasonably be expected to result in
a significant physical injury, or in loss
of property, or in loss of life. Any such
use is entirely at your own risk, and you
agree to hold FIRM harmless from any and
all claims or losses relating to such unauthorized
use.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL FIRM OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS
OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST
PROFITS OR LOST SAVINGS, EVEN IF A FIRM
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR
FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW IN THE
STATE OF CALIFORNIA. FIRM'S AGGREGATE LIABILITY
UNDER OR IN CONNECTION WITH THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT PAID FOR
THE SOFTWARE, IF ANY. Nothing contained
in this Agreement limits FIRM's liability
to you in the event of death or personal
injury resulting from FIRM's negligence
or for the tort of deceit (fraud).
8. General
8.1 This License is the complete statement
of the agreement between the parties on
the subject matter, and merges and supersedes
all other or prior understandings, purchase
orders, agreements, and arrangements.
8.2 There are no third-party beneficiaries
of any promises, obligations, or representations
made by FIRM herein. Any waiver by FIRM
of any violation of this License by you
shall not constitute, nor contribute to,
a waiver by FIRM of any other or future
violation by you of the same provision,
or any other provision, of this License.
If any part of this License or the application
thereof to any person or circumstance is
for any reason held invalid or unenforceable,
it shall be deemed severable, and the validity
of the remainder of this License, or the
applications of such provision to other
persons or circumstances, shall not be affected
thereby.
8.3 If any part of this Agreement is found
void and unenforceable, it will not affect
the validity of the balance of this Agreement,
which shall remain valid and enforceable
according to its terms. This Agreement shall
not prejudice the statutory rights of any
party
9. Governing Law.
This Agreement will be governed by and
construed in accordance with the substantive
laws in force in the State of California,
USA. The courts of Santa Clara County, California
shall have non-exclusive jurisdiction over
all disputes relating to this Agreement.
10. Definitions
"EasyQD™" means (a) all
of the contents of the files, disk(s), CD-ROM(s)
or other media with which this Agreement
is provided, including but not limited to
(i) FIRM or third party computer information
or software; (ii) related explanatory written
materials or files; and (iii) fonts; and
(b) Upgrades, modified versions, Updates,
additions, and copies of EasyQD, if any,
licensed to you by FIRM (collectively, "Updates").
"Use" or "Using" means
to access, install, download, copy or otherwise
benefit from using the functionality of
EasyQD in accordance with the Agreement.
"Permitted Number" means one
(1) unless otherwise indicated under a valid
license (e.g. volume license) granted by
FIRM.
"Computer" means an electronic
device that accepts information in digital
or similar form and manipulates it for a
specific result based on a sequence of instructions.
