QSTATLAB END USER LICENSE AGREEMENT
(posted: http://www.qstatlab.co.uk/eng/files/termsconditions.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:
November 11th,
2012
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