QUANTUM PC SUPPORT END USER'S LICENSE AGREEMENT
The software that is subject to this End User's License Agreement (EULA) is licensed, not sold, to you (the "Licensee") by Quantum PC Support.
Before you use the Licensed Software, please read this EULA as carefully as you would read any other legal document. If you do not agree with all of the terms and conditions of this EULA, do not use the Software and return it within 7 days of purchase in accordance with the procedure set forth in the Money Back Guarantee section below for a refund. Your installation or use of the Software means that you have read and agree to all of the terms and conditions of this License.
Installing, copying, accessing, or using the Licensed Software constitutes Licensee's acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
LICENSE TERMS CONTENTS.
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:
(1) third-party computer information or software that Quantum PC Support has licensed for inclusion in the Licensed Software;
(2) written materials or files relating to the Licensed Software ("Documentation");
(3) fonts; and
(4) upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively, "Updates").
Unless Licensee has purchased a Site License Agreement, Licensee may only install and/or use one copy of the Licensed Software per user license included with the Licensed Software. To determine how many user licenses were included with the Licensed Software, Licensee should consult the Licensed Software packaging or, in the case of Licensed Software purchased via electronic download, Licensee's order receipt. Licensee shall be solely responsible for all expenses incurred in Licensee's installation of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines.
The Licensed Software may require activation as explained during installation and in the Documentation. If any such applicable activation procedure(s) is not followed, then the Licensed Software may only operate for a finite period of time. If activation is required, and not completed within the finite period of time set forth in the Documentation and explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact Quantum PC Support customer support.
Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software or the License granted by this EULA without prior written consent of Quantum PC Support.
The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.
(1) Licensee may not modify, alter, adapt or translate all or any portion of the Licensed Software;
(2) Licensee may not create any derivative works from all or any portion of the Licensed Software;
(4) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;
(5) Licensee may not use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case you must destroy the prior version);
(6) Licensee may not use the Licensed Software in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;
(7) Licensee may not remove or obscure Quantum PC Support's copyright or trademark notices, or the copyright and trademark notices of third parties that Quantum PC Support has included in the Licensed Software; and
(8) Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
(9) Licensee may not use the Licensed Software in any manner not authorized by this EULA.
If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, Quantum PC Support may cease support for prior versions, without any notice to Licensee.
Quantum PC Support provides updates to the content of some of its software from time to time, including but not limited to, virus definitions, URL lists, rules, and updated vulnerability data. These types of updates are collectively referred to as "Content Updates." Licensee may obtain any such Content Updates during the initial period provided for by the applicable software without additional charge. Licensee may purchase a separate subscription for a specified period of time to continue to receive Content Updates after the initial period expires. Quantum PC Support reserves the right to designate specified Content Updates as requiring purchase of a separate subscription at any time, and without prior notice to Licensee, except that any such change will only become effective at the earlier of the expiration of the initial period provided for by the applicable software, or the expiration of the term of a separately paid for subscription.
Quantum PC Support is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as Quantum PC Support may offer from time to time during the term of this EULA.
LIMITED WARRANTY ON MEDIA.
Quantum PC Support warrants that the media on which the Licensed Software is distributed will be free from material defects for a period of 7 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 7-day period, Licensee may contact Quantum PC Support, and Licensee's sole remedy is to have the defective media replaced.
NO WARRANTY ON LICENSED SOFTWARE.
THE LICENSED SOFTWARE (EXLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED) IS PROVIDED TO LICENSEE "AS IS." QUANTUM PC SUPPORT, AND QUANTUM PC SUPPORT'S SUPPLIERS AND LICENSORS, MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. QUANTUM PC SUPPORT, AND QUANTUM PC SUPPORT'S SUPPLIERS AND LICENSORS, 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 NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
LIMITATION OF LIABILITY.
IN NO EVENT WILL QUANTUM PC SUPPORT, OR QUANTUM PC SUPPORT'S SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF QUANTUM PC SUPPORT OR ONE OF QUANTUM PC SUPPORT'S SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF QUANTUM PC SUPPORT, AND QUANTUM PC SUPPORT'S SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, IF ANY.
Without limiting any of the above provisions, if within 7 days of purchase, you are not completely satisfied with the Licensed Software, return it directly to Quantum PC Support for your money back. To receive a full refund from Quantum PC Support you must return the license key. Sales tax charged by retailer will not be refunded by Quantum PC Support.
SURVIVAL OF DISCLAIMERS.
The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
GOVERNING LAW, VENUE AND JURISDICTION.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the Republic of India. Any action arising under, relating to or connected with this EULA or the use of the Licensed Software will be filed only in an appropriate court located in West Bengal, Kolkata, India and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts for such purposes. This EULA will not be governed by the conflict of law rules of any jurisdiction.
INTELLECTUAL PROPERTY OWNERSHIP.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, Quantum PC Support, and by third parties whose intellectual property has been licensed by Quantum PC Support. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Quantum PC Support and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the Republic of India and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software.
RESERVATION OF RIGHTS.
Quantum PC Support reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to Quantum PC Support's intellectual property rights, and to the intellectual property rights of third parties licensed by Quantum PC Support. All rights are reserved under the copyright laws of the Republic of India.
COMPLETE AGREEMENT and BINDING EFFECT.
This EULA constitutes the entire agreement between the Licensee and Quantum PC Support relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is binding on and made for the benefit of the parties and their successors and permitted assigns.
This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of Quantum PC Support.
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by Quantum PC Support in exercising its rights or remedies shall operate as a waiver unless made by Quantum PC Support's specific written notice. No single or partial exercise of any right or remedy of Quantum PC Support shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
PROOF OF COMPLIANCE.
Within 30 calendar days after request from Quantum PC Support, or Quantum PC Support's authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee's use of any and all Licensed Software is in conformity with this EULA.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from Quantum PC Support, or Quantum PC Support's authorized representative, Quantum PC Support may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to Quantum PC Support all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed.