Digital Notebook 1.4.7
Copyright © 2009-2014 Qeuxsoft. All Rights Reserved.
END-USER LICENSE AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and QEUXSOFT for the software product(s) identified above which may include associated software components, media, printed materials, and digital documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and QEUXSOFT, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
You are granted a non-exclusive, non-transferable license to install and use the current version of the SOFTWARE PRODUCT, including the accompanying user documentation and any later versions within the same major release series, for your personal, lawful, non-infringing use on personal computers or workstations in accordance with this EULA.
(b) Evaluation Period.
You are granted the right to install and use the SOFTWARE PRODUCT for a single Evaluation Period of 90 days following your first installation of the SOFTWARE PRODUCT to permit you to evaluate the SOFTWARE PRODUCT. The License will terminate automatically at the end of the Evaluation Period unless you register your copy of the SOFTWARE PRODUCT. You may not use the SOFTWARE PRODUCT for more than one Evaluation Period.
(c) Registration for Perpetual Use.
You are granted the right to install use the SOFTWARE PRODUCT for a period longer than the evaluation period provided you register your copy of the SOFTWARE PRODUCT first with QEUXSOFT and pay the license fee. Upon registration and receipt, you will recieve a license code to register the software and the EULA will remain in effect perpetually unless terminated as provided below.
(d) Backup Copies.
You may make unmodified copies of the SOFTWARE PRODUCT solely for your own back-up or archival purposes so long as you make exact unmodified copies of the SOFTWARE PRODUCT in the form of the file received from QEUXSOFT, including all accompanying files, this EULA, and all copyright, trademark, proprietary, and other notices.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You may not remove, alter, or obscure the copyright, trademark, proprietary, or other notices from the SOFTWARE PRODUCT on any and all copies of the SOFTWARE PRODUCT.
(b) Evaluation Distribution.
You may provide copies of the SOFTWARE PRODUCT to third parties for their evaluation use so long as you provide exact unmodified copies of the SOFTWARE PRODUCT in the form of the file received from QEUXSOFT, including all accompanying files, this EULA, and all copyright, trademark, proprietary, and other notices. You may not assign, sublicense, or otherwise transfer the license or any other rights arising under this EULA.
(c) Commercial Distribution.
You may not sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer the SOFTWARE PRODUCT or any copy or portion thereof, except for Evaluation Distribution as permitted above. You may not charge or collect any monetary or other compensation for or in connection with the SOFTWARE PRODUCT.
(d) Prohibition on Reverse Engineering and Modifications.
You may not reverse engineer, decompile, disassemble, modify, enhance, or prepare derivative works based on the SOFTWARE PRODUCT.
(e) Technical Protection.
The SOFTWARE PRODUCT may contain technical protections that restrict use to a certain time period, and may provide other restrictions on functionality, all of which shall be consistent with the EULA. QEUXSOFT shall not be liable for any damages incurred as a result of such technical protections or the failure of the SOFTWARE PRODUCT to operate outside the scope of the EULA.
(f) Support Services.
You may be provided with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(g) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, QEUXSOFT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Immediately upon termination of the EULA, you must stop using the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT within your possession, custody, or control.
4. OWNERSHIP RIGHTS
The Software is protected by United States copyright laws and international treaty provisions. QEUXSOFT owns and retains all rights, titles and interest in and to the SOFTWARE PRODUCT, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the SOFTWARE PRODUCT does not transfer to you any title to the intellectual property in the SOFTWARE PRODUCT, and you will not acquire any rights to the SOFTWARE PRODUCT except as expressly set forth in this Agreement.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by QEUXSOFT or their suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by QEUXSOFT.
6. NO WARRANTIES
QEUXSOFT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. QEUXSOFT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. QEUXSOFT makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. QEUXSOFT further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY
In no event shall QEUXSOFT be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of "Authorized Users" use of or inability to use the SOFTWARE PRODUCT, even if QEUXSOFT has been advised of the possibility of such damages. In no event will QEUXSOFT be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. QEUXSOFT shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
This Agreement is governed by the laws of the United States and the State of Illinois, without reference to conflict of laws principles, and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Cook County, Illinois. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the SOFTWARE PRODUCT and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the SOFTWARE PRODUCT. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of QEUXSOFT. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by QEUXSOFT or a duly authorized representative of QEUXSOFT. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.