SOFTWARE LICENSE AGREEMENT
This software is Copyright (c) distriqt. All rights reserved.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, OR DOWNLOADING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
"Documentation" means distriqt's published user manuals relating to the Software as of the Effective Date or as it relates to any Modification or Major Release as of the date of delivery of each Modification or Major Release, as applicable.
"Modification" means any revisions, enhancements, bug fixes, patches, error resolutions and all other changes to the Software required to insure that the Software operates in conformance with the Documentation and Specifications.
"Software" means the software modules provided and any Major Releases, Modifications, interim releases, bug fixes and patches applicable to such software modules.
"Customer" means the entity purchasing the Software from distriqt.
Subject to the terms and conditions of this Agreement, distriqt hereby grants to Customer a perpetual, non-sublicensable, non-exclusive, non-transferable, royalty-free, worldwide, enterprise-wide right and license to use the Software (in object form only in accordance with the Documentation)
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORISED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
THIS SOFTWARE IS PROVIDED BY DISTRIQT, "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DISTRIQT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DISTRIBUTION OR USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
distriqt does not condone the use of this software for unlawful, malicious, harassing, disruptive, or abusive purposes.
RESTRICTIONS ON USE
Proprietary Rights. Customer acknowledges that the Software, its structure, organisation and source code, and the documentation are the property and constitute valuable trade secrets of distriqt. Customer agrees not to: (a) decompile or disassemble the Software, separate the Software into its component parts, or in any way attempt to reconstruct or discover any source code or algorithms of the Software by any means whatsoever; (b) remove any product identification, trademark, copyright, confidentiality, proprietary or other notice contained on or within the Software; (c) modify or create any derivative works from the Software or any part thereof, except to the extent that the Software provides for user-modifiable components (d) except as otherwise permitted herein, sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or any component thereof; (e) otherwise copy or use the Software for any purpose or in any manner not expressly permitted in this Agreement; or (f) knowingly permit or encourage any third party to do any of the foregoing.
All assistance requested by Customer for integration with existing or proposed Customer systems or software shall be provided by distriqt in accordance with Section 7. All rights in and to the Software and Documentation not expressly granted to Company in this Agreement are reserved by distriqt.
This Agreement may not be assigned or transferred by Customer (in whole or in part and whether voluntarily, involuntarily, or by operation of law) without the prior written consent of distriqt and any attempt to do so shall be null and void and of no effect.
The Software shall remain the sole intellectual property of distriqt. The Customer is given permission to use the Software in agreement with this license and copyright terms.
Customer shall pay to distriqt the subscription fees for the Software. A subscription entitles the Customer to support, access to updates and the ability to create application keys. Fees are due as per the details on the individual Software contract.
distriqt warrants that for a period of ninety (90) days from the date of shipment the Software substantially conforms to its published specifications.
The Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of distriqt and its suppliers under this limited warranty will be, at distriqt or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does distriqt warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by distriqt, or (b) has not been installed, operated, or maintained in accordance with instructions supplied by distriqt.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which distriqt does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated.
Customer may terminate this License at any time by destroying all copies of Software including any documentation.
Distriqt may terminate this License immediately upon notice to Customer if Customer fails to comply with any provision of this License.
Upon termination, Customer must destroy all copies of Software.