Terms and conditions

 

QSTATLAB END USER LICENSE AGREEMENT
(posted:  http://qstatlab.co.uk/eng/files/conditions.htm)

QSTATLAB

 

IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE (AS DEFINED BELOW).  This End User License Agreement (“Agreement”) for the QSTATLAB software and any updates thereto (the "Software") is a legal agreement between you and QstatLab's team ("QstatLab", “we” or “the Company”), the publisher of the Software.  The "QSTATLAB'S TEAM" refer to the following two companies: "IV Consultancy", Southampton, UK and "Irina Vuchkova", Sofia, Bulgaria

 

By clicking on the “I Agree" or “Accept” button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement.  IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE. PLEASE CLICK ON THE "CANCEL" BUTTON.

 

QstatLab Functionality

QstatLab is a standalone engineering application that provides you with a powerful set of tools for statistical analysis data analysis, statistical process control, optimization, curve fitting, modelling, and spreadsheet functionality.

 

Removal of Software

IF YOU INSTALL THE SOFTWARE, YOU MAY UNINSTALL THE SOFTWARE AT ANY TIME BY USING THE STANDARD ‘ADD/REMOVE PROGRAMS’ FUNCTIONALITY WITHIN YOUR WINDOWS CONTROL PANEL OR BY USING THE PROVIDED UNINSTALL UTILITY. 

 

Privacy

Your privacy is very important to us.  The Software will NOT install any third party applications to your computer.  We do NOT collect, receive or store any personally identifiable information about you or any information about your general Internet usage or computer usage via the Software.  We will not serve any advertisements to you via a "pop-up" or “pop-under” window via the Software.  The information we collect and receive is limited to non-personally identifiable information including:  IP address, the source ID, version of our product downloaded, type of operating system, end-user machine specific ID (“unique hash”). 

 

Authority

You represent and warrant that you are duly authorized to enter into this Agreement and have the authority or consent from the owner to download and install the Software on the computer.

 

Rights Granted

QSTATLAB grants you a nonexclusive, nontransferable, limited license permitting you to download and install the Software solely on a single computer.  The rights granted to you by QstatLab shall not be assigned, sublicensed, or otherwise conveyed to any other person, organization, or entity. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software. You may not copy the Software. You may not translate, reverse-engineer or decompile, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by this Agreement. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that QstatLab's introduction of software features, components and upgrades may not be consistent across all platforms and that the performance and features offered may vary depending on your computer and related equipment.

 

Amendment

QstatLab team may modify or otherwise amend this Agreement at any time without notice.  Any such modifications shall be deemed effective immediately upon publishing on QstatLab's site located at www.qstatlab.co.uk (the "Site").  For clarity, should any term(s) of this Agreement differ from and term(s) of the Agreement published as on the Site, the version of the Agreement published on the Site shall govern. You agree to the amended Agreement by continuing your use of the Software. We will provide at least 30 days’ notice before any material changes take effect.  If you do not agree with the modified terms, your only remedy is to discontinue using the Software or to remove it from your computer.

 

Ownership

You do not become the owner of the Software. QstatLab's team retains all title to the Software and all copies thereof. All rights not specifically granted in thisAgreement, including Federal and International copyrights, are reserved by QstatLab's team. You acknowledge and agree that QstatLab's team holds all rights to, title to, and interest in all tangible and intangible incidents of the Software, including all patents, copyrights, and trade secrets pertaining thereto, and that this Agreement conveys to you only a limited right to access and use the Software.

 

Disclaimer of Warranties and Limitation of Liability

THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND ARE PROVIDED ON AN ‘AS IS’ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QSTATLAB'S TEAM FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QSTATLAB'S TEAM BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF QSTATLAB'S TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF QSTATLAB'S TEAM AND ANY OF ITS AFFILIATES UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO £1.00.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

Termination

You may terminate this Agreement at any time by uninstalling the Software from the computer.

 

General

This Agreement shall be governed by the laws of England and Wales. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties' intent in entering into this Agreement.

 

Updated:  October 24th, 2009

 

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