"Software" means (a) all of the contents of the files or other media with which this Agreement is provided, including but not limited to
(i) Qube or third party computer information or software;
(ii) related explanatory written materials or files ("Documentation"); (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Qelix Technologies (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Qelix Technologies "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. (c) "Qelix" means Qelix Technologies Pvt. Ltd.
As long as you comply with the terms of this Software License Agreement (this "Agreement"), Qelix grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
General Use: You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
Server Use: You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another computer on your internal network, provided that the total number of users that access or use the Software on such computer file server, does not exceed the Permitted Number. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Qelix; and;
Backup Copy: You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4."
Home Use: You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may require separate registrations with the same registered email as of your primary computer.
No Modification: You may not alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by Qelix for personal and commercial use. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement, which uses or relies upon the ‘qube’ software in any way.
Third Party Website Access: The Software allows you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Qelix.
YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. QELIX MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
The Software and any copies that you are authorized by Qelix to make are the intellectual property of, and are owned by Qelix. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Qelix. The Software is protected by copyright, including without limitation by Indian Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Qelix to provide the information necessary to achieve such operability and Qelix has not made such information available.
Qelix has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Qelix or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Qelix Customer Support Department.
Trade names and or Trademarks ("hereafter Trademarks") shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
Permission to utilize your computer. In order to receive the benefits provided by the Qube Software, You hereby grant permission for the Qube Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between you and qube server.
Protection of Your computer (resources). You understand that the Qube Software will use its commercially reasonable efforts to protect the privacy and integrity of your computer resources and your communication; however, you acknowledge and agree that Qelix cannot give any warranties in this respect.
Qelix’s Confidential Information: You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Qelix, its Affiliates, the Qelix Staff and the Qube Software.
Your Confidential Information and Your Privacy: Qelix is committed to respecting your privacy and the confidentiality of your personal data. The “Privacy Policy” that is published on the Qelix and Qube Website applies to the use of your personal data, the traffic data as well as the content contained in your communication(s).
Communication: Installing Qube Software enables you to search and navigate third-party websites.
No Warranties: Qube cannot guarantee that you will always be able to navigate with third-party websites, nor can Qube guarantee that you can communicate without disruptions, delays or other related flaws. Qube will not be liable for any such disruptions, delays or other omissions experienced when using Qube Software.
No Control: You acknowledge and understand that Qube does not control, or have any knowledge of, the content of any information(s) spread by the use of the Qube Software. The content of the information is entirely the responsibility of the person/website/organization from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Qelix will not be liable for any type of information spread by means of the Qube Software.
Lawful purposes: You acknowledge and agree to use the Qube Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any information which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Qube Software or anything related, or (c) send any unsolicited commercial communication not permitted by applicable law.
The Software is being delivered to you "AS IS" and Qelix makes no warranty as to its use or performance. QELIX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, QELIX AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL QELIX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN QELIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. QELIX’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Qelix’s liability to you in the event of death or personal injury resulting from Qelix’s negligence or for the tort of deceit (fraud). Qelix is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please contact Qelix’s Customer Support Department.
THE FOREGOING NO WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QELIX'S OR ITS SUPPLIER'S BREACH OF WARRANTY. QELIX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. ENIGMA SOFTWARE GROUP INC. AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Maharashtra. The respective courts of Bombay City, Maharashtra, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. A writing signed by an authorized officer of Qelix may only modify this Agreement. Qelix may license updates to you with additional or different terms. This is the entire agreement between Qelix and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE QUBE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO QUBE THE RIGHTS SET FORTH HEREIN.
© Qelix – Last revised: April 2006