Please review the following license agreement before installing or using this software.
Standard Software License Agreement
BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, DOWNLOAD, COPY OR OTHERWISE USE THIS SOFTWARE.
Custom License Agreements Available. If you wish to obtain a custom license agreement with alternate terms and conditions, contact Paschi – Research & Development Inc. at firstname.lastname@example.org for instructions.
1. Definitions: The Software Product is licensed (not sold) to you (“Licensee”), and Paschi – Research & Development Inc. ("Licensor") owns all copyrights, trade secrets, trademarks, patent and other proprietary rights in the Software Product. The term "Software Product” includes all copies of the QTAssistant Shell and Plug-ins (QTAssistant) download, its documentation, and all upgrades. If Licensee has legitimately obtained a registered license from Licensor or an authorized reseller, Licensee is considered to be an authorized (“Authorized”) licensee.
2. Grant of License: (a). Authorized Use. Licensor grants you a non-exclusive license to use the Software Product on a single computer at any given time. If Licensee is authorized and has purchased a “team”, “multi-pack” or “site” license, the Software may be used on more than one computer at Licensee’s premises by the number of software developers associated with the team, multi-pack or site license. You may make one copy of the Software Product’s computer program for back-up purposes only. (b). Restrictions. You may not (1) copy (other than once for back-up purposes), distribute, rent, lease or sublicense all or any portion of the Software Product; (2) modify or prepare derivative works of the Software Product; (3) use the Software Product in a computer-based services business or publicly display visual output of the Software Product; (4) transmit the Software Product over a network, by telephone, or electronically using any means; or (5) reverse engineer, decompile or disassemble the Software Product. You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software Product from unauthorized disclosure or use. (c). Transfer. You may transfer the Software Product, but only if the recipient agrees to accept the terms and conditions of this Agreement. If you transfer the Software Product, you must transfer all computer programs and documentation and erase any copies residing on your computer equipment. Your license is automatically terminated if you transfer the Software Product.
3. Limited Software Product Warranty: Licensor has no control over the conditions under which Licensee and Authorized Users utilize the Software Product and updates, and does not and cannot warrant the results obtained by such use. In addition to warranting that it has the right to grant the license contained in this Agreement, Licensor warrants that the media on which the Software Product is recorded and any user manual leased under the terms of this Agreement, are free from defects in material and workmanship under normal use. Licensor further warrants that the Software Product and any update of the Software Product will perform substantially in accordance with the specifications found in the user manual in effect as of the date of this Agreement, as updated by updates to the Software Product. The warranties contained in this Section are made for a period of ninety (90) days from the date on which the Software Product or update is delivered to Licensee or from the date on which a user manual is leased by Licensee. Licensor does not warrant that the functions contained in the Software Product or in any update will meet the requirements of Licensee or Authorized Users or that the operation of the Software Product or update will be uninterrupted or error free. This warranty does not cover any copy of the Software Product or update or any user manual which has been altered or changed in any way by Licensee or any Authorized User. Licensor is not responsible for problems caused by changes in or modifications to the operating characteristics of any computer hardware or operating system for which the Software Product or an update is procured, nor is Licensor responsible for problems which occur as a result of the use of the Software Product in conjunction with software or with hardware which is incompatible with the operating system for which the Software Product was designed. This warranty does not cover damage caused by improper use or neglect.
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
4. Termination: This Agreement is effective until terminated. You may terminate it at any time by destroying the Software product, including all computer programs and documentation, and erasing any copies residing on computer equipment. This Agreement will also terminate if you do not comply with any terms of conditions of this Agreement. Upon such termination you agree to destroy the Software Product and erase all copies residing on any computer equipment on which you have caused the Software Product to be installed.
5. Limitation of Any Recovery. Licensee specifically agrees that any liability on the part of Licensor arising from breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory shall not exceed amounts paid by Licensee in fees for the use and maintenance of the Software Product.
6. Applicable Law: This License Agreement shall be governed by the laws in force in the Province of Ontario, Canada without reference to conflicts of laws; and, in respect to any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario.
7. Liability Disclaimer. The Software is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by Licensee. Paschi – Research & Development Inc. does not assume liability for the use of this Software beyond its original purchase price. In no event will Paschi – Research & Development Inc. be liable for additional direct or indirect damages including any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use the Software, even if Paschi – Research & Development Inc. has been advised of the possibility of such damages.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE.