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Our license agreement is presented when you first
install Qasper and is as follows:
DALCO TECHNOLOGIES INC. END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR
ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND DALCO
TECHNOLOGIES INC. ("Dalco").
PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR
RECORDS.
THIS AGREEMENT SUPERCEDES PREVIOUS VERSIONS. BY CHECKING THE AGREEMENT
CHECKBOX BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING
DALCO'S SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON
THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR
OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in this Agreement, the term
"Software" refers to the Dalco software which you have
selected to download. The term "Software" also shall include
any upgrades, modified versions or updates of the Software made
available to you by Dalco. The Software is deemed accepted by you upon
download of the Software. The term "Software" also includes
any third party software made available to you by Dalco.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, Dalco
hereby grants you a perpetual, non-exclusive, non-transferable right to:
(i) install the Software,
(ii) use the Software for your internal use, and
(iii) copy the Software for back-up or archival
purposes.
Notwithstanding the foregoing, you acknowledge and agree that,
depending on the version (free, trial or fully licensed) of Software you
select to download, certain restrictions may apply to your use of the
Software and certain features of the Software ("Special
Features") may be unavailable to you or available subject to
certain limitations, as follows:
2.1 ALL VERSIONS: You are required to renew your license to use
this sofware on a periodic basis, at least annually, according to the
terms and conditions specified by Dalco, as hereinafter described. In
the event you do not renew your license on or before the expiry of the
license period, neither you or others licensed with you under this
agreement may not continue to use this software.
2.2 FREE VERSIONS: You may only download and use a free non-trial
version of the Software if you are
(i) an individual (and then only for your personal home use) or
(ii) a not-for-profit charitable entity as set
forth in U.S.C., Title 26, Section 501(c)(3) (excluding government
entities and educational institutions).
If you select to download a free version of the Software, you may
be unable to access the Special Features of the Software unless you
upgrade to a fully licensed version of the Software (provided such
option is made available to you), and pay the applicable license fees,
if any.
2.3 FULLY LICENSED VERSIONS: If you select to download a fully
licensed version of the Software and pay the applicable license fee,
your ability to access the Special Features of the Software on the
number of computers for which you have paid the applicable license fee
will continue so long as you continue to pay the required periodic
license fee, subject to the terms of this Agreement.
2.4 SERVICE VERSION: If you are receiving this software as a
service then this software shall only operate if the applicable fee is
paid in accordance with the applicable providers policy.
3.1 TECHNICAL SUPPORT: You acknowledge that Dalco provides no
technical support for any products licensed under this agreement, except
as follows. In the event you require technical support, you may
pre-purchase technical support hours from Dalco's web site. You
acknowledge that you are responsible to pay costs associated with
connecting to Dalco's technical support department, including telephone
and other such information transmission costs.
4. LICENSE RESTRICTIONS: You acknowledge that the foregoing
license extends only to your use of the features and functionality of
the Software as described in the online documentation accompanying the
version of the Software downloaded by you (the
"Documentation"), and you agree not to reconfigure or modify
the Software in order to enable features or functionality different than
those described in such Documentation or available in other Dalco
products without notifying Dalco and paying the applicable Software
upgrade fee.
You may not:
(i) reverse engineer, decompile, or disassemble the Software;
(ii) modify, or create derivative works based upon,
the Software in whole or in part;
(iii) distribute copies of the Software;
(iv) remove any proprietary notices or labels on
the Software; or
(v) resell, lease, rent, transfer, sublicense, or
otherwise transfer rights to the Software.
Any use in violation of this Section shall immediately terminate
your license to the Software.
5. THIRD PARTY SOFTWARE: Certain third party software included
with the Software may be subject to additional terms and conditions
imposed by Dalco’s third party licensor(s). Such terms and conditions
are contained in the "About" pages of the Software and are
deemed incorporated herein by reference.
6. REGISTRATION CODES: You acknowledge that use of the Software
requires a registration code for continual access. You agree not to
reverse engineer or use any other means to prevent the Software from
functioning in conjunction with such registration code.
7. LICENSE PERIOD: You acknowledge that the Software requires
periodic licensing and may not be used if such licensing is not obtained
through Dalco or its agents. The license extends to free and paid
versions of the software. Your initial installation of the software is
deemed licensed for a one-year period from the date of installation.
Thereafter, you must follow the instructions included with the
software to re-license the software for the next period. In the event no
such instructions are available through the software, you acknowledge
that you will obtain the necessary licensing through Dalco or its agents
and that, until such licensing is obtained, you will discontinue use of
the software.
8. WORKGROUP LICENSING: The Software can be installed on one
computer. In the event the Software is a free version, it may only be
installed on your personal home computer and no one but you can use the
Software. In the event the software is fully licensed and paid, it may
be installed on one server computer and accessed by an unlimited number
of users, provided those users are connected to one you in a formal
manner. Under no circumstances can the Software be made available for
charge or for free to any persons not specifically connected to you.
Connected users include:
(i) Employees of your company,
(ii) Members of a group specifically authorized in
writing by Dalco.
Connected users do not include:
(iii) Persons paying a fee or having free access over the Internet
or similar transport where those persons are not specifically authorized
under 8 (ii) above.
7. TITLE: You agree that no title to the intellectual property in
the Software is transferred to you. Title, ownership, rights, and
intellectual property rights in and to the Software shall remain in
Dalco or Dalco’s licensors. The Software is protected by intellectual
property laws of Canada and the United States and other countries and by
international treaties.
8. WARRANTY:
8.1 Limited Warranty. Dalco warrants to You that the encoding of
the Software on the media on which the Software is furnished will be
free from defects in material and workmanship, and that the Software
shall substantially conform to its user manual, as it exists at the date
of delivery, for a period of ninety (90) days from the date You register
or download the Software, whichever occurs first. Dalco’s entire
liability and Your exclusive remedy shall be, at Dalco's option, either:
(i) return of the price paid to Dalco for the Software, resulting
in the termination of this Agreement, or
(ii) repair or replacement of the Software or media
that does not meet this limited warranty.
Some jurisdictions do not allow the exclusion of implied
warranties or limitations on how long an implied warranty may last, so
the above limitations may not apply to You. This warranty gives You
specific legal rights. You may have other rights.
8.2 GENERAL: The Software is provided to you at minimal charge.
Dalco does not guarantee that use of the Software will be uninterrupted
or error-free. Dalco does not guarantee that the information accessed by
the Software will be accurate or complete. You acknowledge that
performance of the Software may be affected by any number of factors,
including without limitation, technical failure of the Software, the
acts or omissions of third parties and other causes reasonably beyond
the control of Dalco.
Certain features of the Software may not be forward-compatible
with future versions of the Software and use of such features with
future versions of the Software may require purchase of the applicable
future version of the Software.
8.3 AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN
SECTION 8.1, YOU AGREE THAT DALCO AND ITS LICENSORS HAVE MADE NO EXPRESS
WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE
SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT DALCO, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME
THE ENTIRE COST OF ALL NECESSARY REPAIRS.
8.4 DISCLAIMER: DALCO DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT
LIMITATION,
(i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(ii) THAT THE SOFTWARE WILL AVERT OR PREVENT ALL
OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE OR IS
DESIGNED TO DETECT AND/OR PREVENT; OR
(iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE
WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation on Liability. EXCEPT FOR BODILY INJURY OF A PERSON,
IN NO EVENT WILL DALCO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT
OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA,
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY,
IRRESPECTIVE OF WHETHER DALCO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. DALCO'S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO
THE LICENSE FEES RECEIVED BY DALCO UNDER THIS LICENSE FOR THE PARTICULAR
PRODUCT(S) WHICH CAUSED THE DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
10. TERMINATION: This Agreement shall terminate automatically if
you fail to comply with the terms of this Agreement. No notice shall be
required from Dalco to effect such termination. You may also terminate
this Agreement at any time by notifying Dalco in writing of termination.
Upon any termination of this Agreement, you must uninstall and destroy
all copies of the Software.
11. MISCELLANEOUS:
11.1 COMPLIANCE WITH EXPORT CONTROL LAWS: You acknowledge that
Software may be subject to the export control laws and regulations of
the United
States ("U.S.") and agree to abide by
those laws and regulations. Under U.S. law, the Software may not be
downloaded or otherwise exported, reexported, or transferred to
restricted countries, restricted end-users, or for restricted end-uses.
The U.S. currently has embargo restrictions against Cuba, Iran,
Iraq, Libya, North Korea, Sudan, and Syria. The lists of restricted
end-users are maintained on the U.S. Commerce Department’s Denied
Persons List, the Commerce Department’s Entity List, the Commerce
Department’s List of Unverified Persons, and the U.S. Treasury
Department’s List of Specially Designated Nationals and Blocked
Persons. In addition, the Software may not be downloaded or otherwise
exported, reexported, or transferred to an end-user engaged in
activities related to weapons of mass destruction.
Such activities include but are not necessarily limited to
activities related to:
(1) the design, development, production or use of nuclear
materials, nuclear facilities, or nuclear weapons;
(2) the design, development, production or use of
missiles or support of missile projects; and
(3) the design, development, production, or use of
chemical or biological weapons.
By downloading or using the Software, you are agreeing to the
foregoing. You are also warranting that you are not:
(i) located in, or a resident or national of, a restricted
country;
(ii) on any of the U.S. lists of restricted
end-users; or
(iii) engaged in any activity related to weapons of
mass destruction.
You understand that the requirements and restrictions of U.S. law
as applicable to you may vary depending on the software downloaded and
may change over time, and that, to determine the precise controls
applicable to the software, it is necessary to refer to the U.S. Export
Administration Regulations and the U.S. Foreign Assets Control
Regulations.
11.2 U.S. GOVERNMENT RIGHTS: The Software under this Agreement is
commercial computer software as that term is described in 48 C.F.R.
252.227-7014(a)(1). If acquired by or on behalf of a civilian agency,
the U.S. Government acquires this commercial computer software and/or
commercial computer software documentation subject to the terms of this
Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and
12.211 (Technical Data) of the Federal Acquisition Regulations
("FAR") and its successors.
If acquired by or on behalf of any agency within the Department of
Defense ("DOD"), the U.S. Government acquires this commercial
computer software and/or commercial computer software documentation
subject to the terms of this Agreement as specified in 48 C.F.R.
227.7202-3 of the DOD FAR Supplement ("DFAR") and its
successors.
11.3 GOVERNING LAW: This Agreement will be governed
by the laws of the Province of British Columbia, CANADA as they are
applied to agreements between British Columbia residents entered into
and to be performed entirely within British Columbia. The United Nations
Convention on Contracts for the International Sale of Goods is
specifically disclaimed.
11.4 ENTIRE AGREEMENT: You agree that this is the entire agreement
between you and Dalco, and that it supersedes any prior agreement,
whether written or oral, and all other communications between Dalco and
you relating to the subject matter of this Agreement.
This Agreement may be amended, modified or
supplemented only by a writing that is signed by the authorized
representatives of both parties.
11.5 RESERVATION OF RIGHTS: All rights not expressly granted in
this Agreement are reserved by Dalco. ©2004-2006 Dalco Technologies
Inc.. All rights reserved. All trademarks and/or service marks of Dalco
used in connection with the Software (including but not limited to
QASPER, the Qasper logo and DALCO) are trademarks and registered
trademarks of Dalco Technologies Inc.
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