SOFTWARE LICENSE AND LIMITED WARRANTY
The "pageQ"® software comprises three versions:
pageQ Home, pageQ Pro and pageQ Business. The pageQ Home is
offered as free to home users and Educational users. Home
users and Educational users are encouraged, but not obliged,
to make a donation to support our development efforts, and
in return receive the pageQ Pro with more functionality.
Business users must pay for the full function
pageQ Business at the appropriate price at Aspiring Software
Limited’s list price at the time of purchase. Business users
may not use the pageQ Home or pageQ Pro version of the product
(except as a 30 day trial).
Copyright/Patents All
copyrights and patents to pageQ®, html Q®, pageQ® Home, pageQ®
Pro, pageQ® Business and the Q® device are exclusively owned
by Aspiring Software Limited. This software is protected by
copyright laws, patent laws and international treaties, as
well as other international laws and treaties. The user must
not use, copy, modify, or transfer the products, in whole
or in part, except as expressly provided for in this license.
Nor may the user disassemble, decompile or reverse engineer
the product.
Term This License
is effective until terminated. The user may terminate it at
any time by deleting the products installed together with
all copies in any form. The License will also terminate without
notice to the user if the user fails to comply with any term
or condition of this License. Upon termination, the user must
delete and/or destroy all products forthwith.
Limited License Grant
Once registered, the free and donationware user is granted
a non-exclusive license to use pageQ Home or pageQ Pro on
one computer (i.e. a single CPU), for any legal purpose, at
a time. The business user is granted a non-exclusive license
to use the pageQ Business on the number of computers as stipulated
on the invoice, for any legal purpose. The business user pays
a one-time fee for the product.
There is no obligation to provide upgrades.
The registered pageQ software may not be rented, leased or
transferred.
Support Aspiring
Software will make reasonable endeavors to assist users who
have problems with the pageQ software but no warranty or guarantee
is given in relation to the Products. However, no support
commitment is made to users who are using the free version
pageQ Home.
Registration and Privacy
Policy The user must provide their valid email id to
register for the pageQ Business version only. Aspiring
Software does not give, rent, lend or sell individual information
to any third party. Furthermore, we will not disclose
any information about individual users unless required to
do so by law.
Distribution No person
or company may distribute and/or charge a fee for any pageQ
product without written permission from the copyright/patent
holder. The pageQ product can be sourced from the website
at http://www.pageQ.com and selected shareware sites. The
pageQ html Q can be freely distributed provided the distribution
package is not modified and it is provided free of charge.
Disclaimer of warranty
PageQ software is provided "AS IS," without a warranty of
any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
Limitation of liability
NEITHER ASPIRING SOFTWARE, NOR ITS DIRECTORS OR OFFICERS,
SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY THE USER OR ANY
THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE.
IN NO EVENT WILL ASPIRING SOFTWARE BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ASPIRING
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM.
Special Terms and Restrictions
of Use Aspiring Software may, at its sole discretion,
at any time, without prior notice and temporarily or permanently:
(i) terminate, limit or deny the License (ii) change, reduce
or limit the functionality and features of pageQ software
(iii) create different priorities or grades for different
users (iv) introduce new features that may cause functionality
change in earlier versions.
Copyright, Proprietary Information
This Agreement does not grant to you any rights to
any patents, copyrights, trade secrets, trademarks (registered
or not), trade names, domain names or any other proprietary
material owned by Aspiring Software and/or contained in the
pageQ software.
Assignment You agree
that this agreement is not intended to confer, and does not
confer, any rights or remedies upon any person other than
the parties to this agreement. If any part of this agreement
is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and
effect. Aspiring Software may transfer, assign, sublicense
or pledge in any manner whatsoever, any of its rights and
obligations under this Agreement to a subsidiary, affiliate,
successor thereof, or to any third party whatsoever, without
notifying you or receiving your consent. You shall not transfer,
assign, sublicense or pledge in any manner whatsoever, any
of your rights or obligations under this agreement.
Governing Law and Jurisdiction
The laws of New Zealand shall govern this Agreement.
You expressly agree that exclusive jurisdiction for any claim
or dispute with Aspiring Software arising out of or in connection
with this Agreement, including its validity, resides in the
competent courts of New Zealand. This section shall survive
the termination of this agreement.
General Installing
and using pageQ signifies acceptance of these terms and conditions
of the license. Business users using the product without paying
the relevant charge (after the thirty (30) day trial period)
will be in breach of this agreement and Aspiring Software
will be entitled to seek recovery of charges owing together
with penalty interest on those charges at a rate of 18% per
annum.
All license fees and royalties payable under
this License shall be payable plus GST and net of any withholding
taxes or deductions payable by the Licensee.
You acknowledge you have read and understand
Aspiring Software’s Privacy Policy as displayed on the website
www.pageQ.com and during the install process.
If you do not agree with the terms of this license
you must remove pageQ files from your storage devices and
cease to use the product.
PageQ® Aspiring Software Limited
All Rights Reserved.
|