AnywhereTS licenseThis license is a legal agreement between You (either an individual or an entity) and Qzone (company registration 969695-1822) for the software package(s) named AnywhereTS and/or AnywhereTS Pro, and any accompanying documentation, images, marks or artwork ("Software"). If You do not agree to be bound by this license in its entirety, You must refrain from using the Software in any way. If the Software is distributed with several auxiliary software packages, they may be released under different licenses. This license makes no provisions for them. Qzone bundles these additional software packages as a service in the hope that they may be useful, but makes no warranties for them. The Software may be dependent on some of these auxiliary software packages and may not work correctly or at all without them.
This license grants to You the non-exclusive, limited right to install and use the Software according to specification. The Software is licensed, not sold. Qzone and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.
You may not translate, reverse-engineer, decompile, disassemble, deconstruct or make derivative products of the Software. You may not redistribute, sell, lend, rent or lease the Software to third parties. You may, however, make a one-time permanent transfer of all of Your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials, registration keys, and this license; (b) You do not retain any copies of the Software, full or partial, including archival copies, copies stored on a computer or other storage device; (c) the party receiving the Software reads and agrees to be bound the terms and conditions of this license and (d) the Software is neither a Beta version nor was sold at an academic discount.
If the Software is marked as a pre-release or beta version ("Beta"), the Software may contain bugs, errors and other problems that could cause system or other failures or data loss, and may not be of commercial quality. Qzone may never commercially release the Beta versions. You agree to take reasonable precautions when using such Beta versions. The use of Beta version is limited to evaluation and may have expiration dates; You agree not use the Beta versions of the Software past such expiration date.
If the Software has an academic label or if You acquired the Software at an academic discount, You must be an Eligible Educational End User to use the Software. "Eligible Educational End User" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools or equivalent).
If the Software is licensed with a trial period, You may only use Software for the purposes of evaluation prior to purchase. The trial period shall be considered to have begun on first use of the Software. Upon expiration of a trial period, the Software may cease to function or may continue to operate with reduced functionality. The duration of trial periods is as advertised, indicated during installation, specified in the product documentation or displayed in the Software's user interface.
You may make a reasonable number of backup copies of the Software, provided Your backup copies are not installed or used for other than archival purposes.
Use of the Software may be governed by product registration technology. The Software may initially be distributed non-functional or subject to trial periods. During purchase, a unique sequence of digits and/or numbers (a "Registration Key") will be issued to You by Qzone or its affiliates. Upon entering a valid Registration Key in the Software ("registering" the Software), the Software will be released of its trial and/or non-functional limitations. You agree not to disclose any Registration Key issued to You to any third-party for any reason, except for the purposes of acquiring product support from Qzone. A Registration Key is a valuable item and You are required to make reasonable efforts to prevent others from learning its contents. Gross negligence or dissemination with intent will be litigated to the value of lost sales and consequential damage this action caused Qzone.
The Software may contain functionality to enforce limits of use of the Software beyond use set forth in this license and published product specifications, specifically but not limited to the number of allowed simultaneously running copies of the Software, the number of computers the Software manages, the number of output files generated with the Software, use of Software beyond trial periods, and use of Software in the presence of invalid, revoked or missing Software Registration Keys. You agree not to circumvent or try to circumvent any such limitations.
Qzone may, at its own discretion, publish updates or newer releases of the Software. If You have purchased a product version with upgrades, You may be entitled to use these newer versions as a replacement for Your purchased version. The right to use newer versions only apply for a specific product and may expire after a set time, as specified by the purchase documents, after which You no longer will be entitled to new versions without a new purchase.
If You exercise the option to use an upgraded version of the Software, You are only allowed to use it as a replacement for the original version or earlier upgrade version, and Your right to use the replaced Software expires.
Qzone does not guarantee that the updates perform better than any previous version of the Software. Qzone reserves the right to remove functionality or substantially alter functionality present in previous versions.
The Software is provided 'as-is', without any express or implied warranty, specifically warranty for a particular purpose. In no event shall Qzone be held liable for any damages arising from the use of the Software. The total amount of damages awarded shall at most be the price You paid for the package.
QZONE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. QZONE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT, WEAPONS SYSTEMS, "911" EMERGENCY SERVICES OR OTHER USE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. QZONE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
NEITHER QZONE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF QZONE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. QZONE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to You. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date You received the Software.
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between Qzone and You. Qzone would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of Qzone's licensors.
You agree that the restrictions contained in this license are necessary for the protection of Qzone, and consider them to be reasonable for such purpose. You agree that any breach of this license may cause Qzone substantial and irreparable damage and therefore, in the event of any such breach, You agree that Qzone shall be entitled to specific performance and other injunctive relief, in addition to such other remedies as may be afforded by applicable law.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR 52.227-19, as applicable.
If the Commercial Computer Software Restricted Rights clause at 48 CFR 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.
The Software was developed at private expense, and no part of it was developed with governmental funds. The Software is a trade secret of Qzone for all purposes of the Freedom of Information Act. The Software is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity. The Software in all respects is proprietary data belonging solely to Qzone.
Should any part of this license be void in Your jurisdiction, or a court rules that portion of this license is non enforceable, all other portions of this license shall still be held in full effect.
In each case this license shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
In case a dispute over this license the parties shall expend all reasonable efforts necessary to resolve any disputes through good faith negotiations prior to the initiation of any court action.
This license is the exclusive agreement between You and Qzone concerning the Software and supersedes any prior communication, advertising or representation. No Qzone dealer, agent or employee is authorized to make any amendment to this license.
You may terminate this license at any time. Qzone may immediately terminate this license if You breach any representation, warranty, agreement or obligation contained or referred to in this license. Upon termination, You must dispose of the Software and all copies or versions of the Software and any Registration Keys.
AnywhereTS is copyright ©2005-2007 Qzone. Any rights not expressly granted in this license are reserved.
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