Trust, but VerifyTM
Be sure to carefully read and understand all of the rights and
restrictions described in the EULA. You will be asked to review and
either accept or not accept the terms of the EULA. You will
not be able to use this SOFTWARE PRODUCT unless and until you accept
the terms of the EULA.
You may also receive a copy of this EULA by visiting
http://www.quickwatcher.com.
Your click of the "I Agree" button is a symbol of your signature
that you accept the terms of the EULA.
Use of this software is at your own risk.
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END-USER LICENSE AGREEMENT FOR quickwatcher.com SOFTWARE
IMPORTANT—READ CAREFULLY: This The Chrysalid Group, LLC End-User
License Agreement (“EULA”) is a legal agreement between you (either
an individual or a single entity) and The Chrysalid Group, LLC for
the The Chrysalid Group, LLC software product that accompanies this
EULA, including computer software and any associated media, printed
materials, and “online” or electronic documentation (“SOFTWARE
PRODUCT”). The SOFTWARE PRODUCT also includes any software updates,
add-on components, Web services and/or supplements to the original
SOFTWARE PRODUCT that The Chrysalid Group, LLC may provide to you or
make available to you after the date that you obtain your copy of
the original SOFTWARE PRODUCT (only to the extent that such items
are not accompanied by a separate license agreement or terms of
use). Any software provided along with the SOFTWARE PRODUCT
that is associated with a separate end-user license agreement is
licensed to you under the terms of that license agreement.
Additionally, certain features of the SOFTWARE PRODUCT may contain
additional terms, conditions and notices that govern access and use
of those features. By installing, copying, downloading,
accessing or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of
this EULA, do not install or use the SOFTWARE PRODUCT; you may,
however, return it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well a other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE. This EULA grants you the following
rights:
• Applications Software. You may install, use, access, display, run,
or otherwise interact with (“RUN”) one copy of the SOFTWARE PRODUCT,
or any prior version for the same operating system, on a single
computer, workstation, terminal, handheld PC, pager, “smart phone,”
or other digital electronic or analog device (“COMPUTER”). The
primary user of the COMPUTER on which the SOFTWARE PRODUCT is
installed may make a second copy for his or her exclusive use on a
portable COMPUTER.
• Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server, used
only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an
internal network; however, you must acquire and dedicate a license
for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from
the storage device. A license for the SOFTWARE PRODUCT may not be
shared or used concurrently on different COMPUTERS.
• Reservation of Rights. All rights not expressly granted are
reserved by The Chrysalid Group, LLC.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• Copy Protection. The SOFTWARE PRODUCT may include copy
protection technology to prevent the unauthorized copying of the
SOFTWARE PRODUCT or may require original media for use of the
SOFTWARE PRODUCT on the COMPUTER. It is illegal to make unauthorized
copies of the SOFTWARE PRODUCT or to circumvent any copy protection
technology included in the SOFTWARE PRODUCT.
• Not for Resale Software. This Product is "Not For Resale."
Not withstanding other sections of this EULA, your use of the
SOFTWARE PRODUCT is limited to use for demonstration, test, or
evaluation purposes and you may not resell, or otherwise transfer
for value, the SOFTWARE PRODUCT.
• Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCT, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding
this limitation.
• Separation of Components. The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on
more than one COMPUTER.
• Trademarks. This EULA does not grant you any rights in connection
with any trademarks or service marks of The Chrysalid Group, LLC.
• Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
• Support Services. The Chrysalid Group, LLC may provide you
with support services related to the SOFTWARE PRODUCT (“Support
Services”). Use of Support Services is governed by the The Chrysalid
Group, LLC policies and programs described in the user manual, in
“online” documentation, and/or in other The Chrysalid Group,
LLC-provided materials. Any supplemental software code provided to
you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this
EULA. With respect to technical information you provide to The
Chrysalid Group, LLC as part of the Support Services, The Chrysalid
Group, LLC may use such information for its business purposes,
including for product support and development. The Chrysalid Group,
LLC will not utilize such technical information in a form that
personally identifies you.
• Software Transfer. The initial licensee of the SOFTWARE PRODUCT
may make a one-time permanent transfer of this EULA and SOFTWARE
PRODUCT only directly to an end user. This transfer must
include all of the SOFTWARE PRODUCT (including all component parts,
the media and printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). Such transfer
may not be by way of consignment or any other indirect transfer.
The transferee of such one-time transfer must agree to comply with
the terms of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT.
• Termination. Without prejudice to any other rights, The Chrysalid
Group, LLC may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,
you must be properly licensed to use a product identified by The
Chrysalid Group, LLC as being eligible for the upgrade in order to
use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
replaces and/or supplements (and may disable) the product that
formed the basis for your eligibility for the upgrade. You may use
the resulting upgraded product only in accordance with the terms of
this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product,
the SOFTWARE PRODUCT may be used and transferred only as part of
that single product package and may not be separated for use on more
than one COMPUTER.
4.COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and “applets” incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT are owned by The Chrysalid Group, LLC
or its suppliers. All title and intellectual property rights in and
to the content which may be accessed through use of the SOFTWARE
PRODUCT is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such
content. If this SOFTWARE PRODUCT contains documentation which
is provided only in electronic form, you may print one copy of such
electronic documentation. You may not copy the printed
materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more
than one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for your
single COMPUTER. You may not RUN the other medium on another
COMPUTER. You may not loan, rent, lease, or otherwise transfer the
other medium to another user, except as part of the permanent
transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE
PRODUCT pursuant to this EULA, you may keep the original media on
which the SOFTWARE PRODUCT was provided by The Chrysalid Group, LLC
solely for backup or archival purposes. Except as expressly
provided in this EULA, you may not otherwise make copies of the
SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE
PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided
to the U.S. Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial license rights and
restrictions described elsewhere herein. All SOFTWARE PRODUCT
provided to the U.S. Government pursuant to solicitations issued
prior to December 1, 1995 is provided with RESTRICTED RIGHTS as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You acknowledge that the Software Product is
of U.S. origin. You agree to comply with all applicable
international and national laws that apply to the Software Product,
including the U.S. Export Administration Regulations, as well as
end-user, end-use and destination restrictions issued by U.S. and
other governments.
9. LEGAL USE. You acknowledge that it is your responsibility
to use this SOFTWARE PRODUCT legally in your locale. You
acknowledge that this SOFTWARE PRODUCT that enables you to view what
other Computer Users are doing on a Computer where this SOFTWARE
PRODUCT is installed without their knowledge.
MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United States, this
EULA is governed by the laws of the State of Washington.
If you acquired this SOFTWARE PRODUCT in Canada, unless expressly
prohibited by local law, this EULA is governed by the laws in force
in the Province of Ontario, Canada; and, in respect of any dispute
which may arise hereunder, you consent to the jurisdiction of the
federal and provincial courts sitting in Toronto, Ontario. If this
SOFTWARE PRODUCT was acquired outside the United States, then local
law may apply.
LIMITED WARRANTY
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE U.S. AND
CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING
TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY
BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE
PRODUCT PRINTED MATERIALS.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE U.S. AND
CANADA. The Chrysalid Group, LLC warrants that (a) the SOFTWARE
PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from
the date of receipt, and (b) any Support Services provided by The
Chrysalid Group, LLC shall be substantially as described in
applicable written materials provided to you by The Chrysalid Group,
LLC, and The Chrysalid Group, LLC support engineers will make
commercially reasonable efforts to solve any problem issues. Some
states and jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you. To
the extent allowed by applicable law, implied warranties on the
SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. The Chrysalid Group, LLC’s and its suppliers’
entire liability and your exclusive remedy shall be, at The
Chrysalid Group, LLC’s option, either (a) return of the price paid,
if any, or (b) repair or replacement of the SOFTWARE PRODUCT that
does not meet The Chrysalid Group, LLC’s Limited Warranty and which
is returned to The Chrysalid Group, LLC with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has
resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside
the United States, neither these remedies nor any product support
services offered by The Chrysalid Group, LLC are available without
proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, The Chrysalid Group, LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL The Chrysalid Group, LLC OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF The Chrysalid
Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, The Chrysalid Group, LLC’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$.05; PROVIDED,
HOWEVER, IF YOU HAVE ENTERED INTO A The Chrysalid Group, LLC SUPPORT
SERVICES AGREEMENT, The Chrysalid Group, LLC’S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
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