End User License Agreement
QFX Software Corporation
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT AND THE PROCESS WILL NOT CONTINUE.
1. License to Use
QFX Software Corporation (QFX) grants you a non-exclusive, non-transferable license for your internal use only of the accompanying software, documentation and any error corrections provided by QFX (collectively "Software").
Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by QFX and its licensors. You may not sublicense or redistribute or resell Software. You may not make copies of Software other than for backup. You may not install or use Software on more than 3 devices unless specifically permitted by QFX. You may not modify, decompile, or reverse engineer Software. No right, title or interest in or to any trademark, service mark, logo or trade name of QFX or its licensors is granted under this Agreement.
3. Limitations on Use
The Software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance or direct operation of a nuclear facility, nor for use in on line control or fail safe operation of aircraft navigation, control or communication systems, weapon systems or direct life support systems.
4. Security of Passwords, Accounts, Access Codes and Data
5. Links to Other Websites
If Software provides links to other websites, because QFX has no control over such sites, you understand and agree that QFX is not responsible for the availability or content of such sites. QFX will not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of or reliance on any of such sites.
6. DISCLAIMER OF WARRANTY
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED.
7. LIMITATION OF LIABILITY
In the event Software fails to perform correctly, it is your responsibility to inform us. WE HAVE NO LIABILITY FOR DAMAGES RESULTING FROM SUCH FAILURE TO PERFORM. IN NO EVENT WILL QFX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF QFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will QFX's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount, if any, paid by you for Software under this Agreement.
8. Export Requirements
If you export, re-export or import Software, technology or technical data licensed hereunder, you assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. QFX may terminate this license immediately if you are in violation of any applicable laws or regulations.
9. Termination of License(s)
Your license(s) hereunder will terminate immediately without notice from QFX if you fail to comply with any provision of this Agreement. Cause for termination shall include, but not be limited to, your engaging in fraudulent or illegal activity. Termination will not operate to relieve you of liability to QFX for any violation of Agreement.
10. Governing Law
Any action related to Agreement will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
Agreement is the entire agreement between you and QFX relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of Agreement
QFX may update Agreement from time to time without notice. As a user you should review Agreement periodically.
© 2006-2014 QFX Software Corporation. All rights reserved.