[QXL-ALL] QXL Limited Use Software License & QXL Limited Warranties and Limitation Of Liability
Posted by Rajendra Dewani (QODBC Support) on 29 August 2023 04:40 PM
QXL - QuickBooks Data Export Made Easy
LICENSER grants to you a limited, non-exclusive license to (i) install and operate the copy of the computer program contained in this package ("Program") on a single computer (one central processing unit) and (ii) make archival copies of the Program for back-up purposes only for use with the same computer.
You agree to affix a label to the archival copies, which contains the copyright notice printed on the CD ROM from which the copy is made. LICENSER retains all rights to the Program not expressly granted in this agreement.
OWNERSHIP OF PROGRAMS AND COPIES: This license is not a sale of the original Program or any copies thereof. LICENSER retains the ownership of the program and all copies of the Program, regardless of the form in which the copies may exist. The Program and accompanying manual(s) ("Documentation") are copyrighted works of authorship, and may contain valuable trade secrets and confidential information proprietary to LICENSER. The Program and the Documentation may not be copied, modified, or transferred without the express written permission of LICENSER. You agree to exercise reasonable efforts to protect LICENSER'S proprietary interest in the Program and Documentation and maintain them in strict confidence.
USER RESTRICTIONS: You may physically transfer the Program from one computer to another provided that it is operated only on one computer. You may not electronically transfer such Program. Versions of this product not designated as “Web Version” may not be used in a web service, time-sharing or service bureau operation. You may not translate, modify, adapt, disassemble, de-compile, or reverse engineer the Program. You may not create derivative works based on such Program or Documentation or any portions thereof.
TRANSFER: The Program is provided for use in your internal commercial business operations and must remain at all times upon premises owned or leased by you. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Program or the Documentation, on a temporary or permanent basis, without the prior written consent of LICENSER.
TERMINATION: This license is effective until terminated. This license will terminate automatically without notice from LICENSER if you fail to comply with any provision of this license. Upon termination, you must cease all use of the program and return it, any copies thereof, including any archival copies, and the Documentation to LICENSER.
GENERAL: This license shall be governed and construed in accordance with the laws of the State of Nevada. In the event a provision of this Agreement shall be held unenforceable, it shall be deemed severable from the remaining provisions and shall in no way effect the validity or enforceability of the Agreement. The headings and captions used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
LIMITED WARRANTY: LICENSER grants you as the original user of the Program a limited warranty that (i) the media on which the Program is distributed and the Documentation will be free of material defects for a period of NINETY (90) DAYS, and (ii) the Program will perform substantially in accordance with the material descriptions in the Documentation for a period of NINETY (90) DAYS. These limited warranties commence on the day you first obtain the Program and extend only to you, the original customer. Statements or representations which add to, extend or modify these warranties are unauthorized by LICENSER and should not be relied upon by you. These limited warranties give you specific legal rights, and you may have other rights which vary from state to state.
DISCLAIMER: EXCEPT AS SPECIFIED ABOVE, LICENSER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE PROGRAM, MEDIA OR DOCUMENTATION AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSER DOES NOT WARRANT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
EXCLUSIVE REMEDY: Your sole and exclusive remedy in the event of a breach of the limited warranty set forth above is limited to either repair or replacement of the Program or the Documentation by LICENSER or refund of your money, at Licenser's sole discretion. To obtain warranty service, however, you must return the nonconforming item, with proof of the date you obtained it, to LICENSER no later than TEN (10) days after the expiration of the applicable limited warranty period. If LICENSER determines that the particular item has been damaged by accident, abuse, misuse or misapplication or has been modified without the written permission of LICENSER, or if any LICENSER label or serial number has been removed or defaced, the limited warranties set forth above do not apply and you accept full responsibility for the product.
LIMITATION OF LIABILITY: LICENSER AND ALL PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THE PROGRAM OR DOCUMENTATION TO YOU SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY OR RECOVERY OR REPLACEMENT OF PROGRAMS OR DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT TORT OR OTHERWISE, EVEN IF LICENSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OF DAMAGE. LICENSER'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE ACTUAL AMOUNT PAID FOR THE PRODUCT.
EXCEPTIONS: Some countries and states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. The conditions conferred by this warranty do not, however, overwrite any other rights and remedies in respect of the product which you have under applicable laws in your Country or State.
US GOVERNMENT RESTRICTED RIGHTS: The Program and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the US Government is subject to restriction as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. Contractor/manufacturer is FLEXquarters.com Limited, 2620 S Maryland Pkwy Ste 14 # 557, Las Vegas, NV 89109-1692