Qlock Software License Agreement
Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing and using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and Vitei Inc and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly un-install the Software and, if you paid for a License, contact your distributor for a refund of the amount that you paid.
The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from time to time.
1a. License Grant for Qlock Pro
This License permits you, as purchaser of the Software, to use one copy of the Software solely for your own use on up to three (3) computers per purchased copy of the software. For instance, a single copy may be installed on up to three (3) separate machines used for work, home and mobile. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Vitei Inc. You agree that you will not modify, adapt or translate, or disassemble, de compile, reverse engineer or otherwise attempt to discover the source code of the Software.
1b. License Grant for Qlock Gold
This License permits you, as purchaser of the Software, to use one copy of the Software for multiple users within your own company, corporation or business residence. For instance, a single copy may be installed on each machine that is used in a single business location or office. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Vitei Inc. You agree that you will not modify, adapt or translate, or disassemble, de compile, reverse engineer or otherwise attempt to discover the source code of the Software.
2. Standard Maintenance and Support.
All updates/upgrades to the Software are free of charge for one (1) year from the date of purchase.
3. Vitei Inc`s Rights.
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Vitei Inc under international copyright law and disclosed to you by Vitei Inc in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Vitei Inc owns and retains all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.
4. Service Level Agreements.
Support services may be purchased under separate agreement with Vitei Inc.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, Vitei Inc DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Vitei Inc does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Vitei Inc does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free. Vitei Inc 's limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than Vitei Inc.
6. Refund Policy.
Vitei Inc will refund the full price of the Software if the Software is defective, and only if you notify Vitei Inc of the refund request within thirty (30) days of the date you purchased the Software.
7. Exclusive Remedies.
You agree that if, during the Warranty Period, a defect in the Software appears, your exclusive remedy will be, in Vitei Inc's sole option, to replace the media or to credit the amounts paid by you to Vitei Inc, if any, and terminate this License. The later remedy is subject to the return of all copies of the Licensed Products.
8. Limitations of Liability.
In no event shall Vitei Inc be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if Vitei Inc has been advised of the possibility of such loss or damages. Vitei Inc.'s cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and erasing any copies on storage media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the Software, and Vitei Inc will be entitled to all remedies in accordance with applicable law.