Software License Agreement Terms

THE FOLLOWING LICENSE AGREEMENT IS BETWEEN QUANTUM RIFT SOFTWARE (“COMPANY”) AND THE CLIENT/END USER (“USER”). BY INSTALLING THE SOFTWARE, COPYING THE SOFTWARE, AND/OR DOWNLOADING THE SOFTWARE, YOU (EITHER ACTING FOR YOUR OWN BEHALF, OR ON BEHALF OF THE ENTITY OR ENTITIES BEHALF AS THEIR REPRESENTATIVE) AGREE TO ALL OF THE TERMS IN THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS AGREEMENT, DO NOT PURCHASE THE SOFTWARE, DOWNLOAD, INSTALL, COPY, OR OPEN THE PACKAGE (IF THE SOFTWARE CAME IN ONE).

1.0 Permitted Uses of the Software

1.1 You are permitted to:

1.1.a Install the software on one pc, but have as many logins use the software as exist on said pc, given that only one login is running the software at a time.

1.1.b Install the software on a server, given that 1) a server license option was purchased through legitimate sources, 2) you have one (1) license per pc (purchased multiple copies of the same program) that accesses the software, or 3) the server is the only pc using the software.

1.1.c Use the software exclusively on the number of PCs that you have licenses purchased, with only one user at a time using the software.

1.1.d Use the software in the United States, Canada, and any countries where the United States does not have an embargo, or otherwise forbids exporting of software or other goods.

1.2 You are NOT permitted to:

1.2.a Modify, reverse engineer, rent, export, resale, or copy the software, except where specifically listed in this agreement.

1.2.b Transfer the license to another individual or entity, except where all copies, originals, documents, source code, executables, and any other included material are purged from the original site before transferring the copy to the new entity.

1.2.c Use any part, or the entire software package in your own software, except where allowed in the terms for custom software, or custom controls. License agreements for those packages will apply.

2.0 Acceptance and Installation of the Software

2.1 How to accept the agreement for “off the shelf” software

2.1.a Clicking “Accept” on the page before proceeding to the store

2.1.b Purchasing the Software

2.1.c Installing the Software

2.1.d Making copies of the Software within boundaries stated within this agreement

2.1.e Opening the container where the software is contained.

2.2 How to accept the agreement for “custom” software

2.2.a A separate “alpha, beta, release candidate” agreement will apply for unfinished custom software

2.2.b Final revisions of the software will be bound to these agreements upon written consent of written acceptance of the final version of the custom Software product.

2.2.c Custom Software comes with UNLIMITED licenses for installation within the organization or site requesting the custom Software product.

2.3 How to accept the agreement for “source code” purchases

2.3.a Clicking “Accept” on the page before proceeding to the store

2.3.b Purchasing the Source Code, or Source Code with the Software

2.3.c Installing the Source Code, or Software accompanying the Source Code

2.3.d Making copies of the Source Code or software accompanying the Source Code as stated within this agreement.

2.3.e Source code purchased with a control (ActiveX OCX or ActiveX EXE or ActiveX DLL) may be distributed with unlimited programs, and included in them without the accompanying ActiveX component. However, you are not allowed to re-sale the control itself.

2.4 If you do not agree with the terms you are not allowed to copy, install, or purchase the software. If you have purchased the software, please return the UNOPENED package to where it was purchased. If the software includes the source code, and it was a download version, no refunds are available.

3.0 Maintenance of the Software

3.1 Patches, updates and other “maintenance programs” may be released throughout the year. These will be provided free of charge for download from the website (given that you have an ISP). Disk versions of the patches may also be available for a charge. A copy of the program pre-patched for installation may also be available; however, you will not increase the license count that you have by receiving or requesting a pre-patched version. It will exist as a “Copy”

3.2 Any patches or fixes will be provided as completed. No timeline exists for how long between patches or fixes. Priority will be given to critical items for patches.

3.3 Program versions OTHER THAN MAJOR releases are considered patches or fixes (I.E. 1.0.0, 1.0.1, 1.1.0 are all patches/fixes; 1.0.0, 2.0.0 3.0.0 are major releases). Patches or fixes are free based in section 3.1, major releases will cost the current going price of the Software.

4.0 Customization of the Software

4.1 Only customizations of the Company’s software will be done for a fee.

4.2 Programming for other software products may be done in so as the proper licenses exist, and that it doesn’t violate the license agreement or the company who’s software is desired to be customized

4.2.a An example being adding modules to programs (ex: VBA – Visual Basic for Applications), wherein the program has the tools and documentation to create them.

4.3 Any customizations to a pre-existing software product will fall into the terms set forth in this agreement, given that said modifications aren’t to be covered by the originating company’s license agreement. If modifications are listed in the originating company’s license agreements, then those will apply.

5.0 Ownership of the Software

5.1 By accepting the agreement as stated in section 2.0, you agree that the Company owns the Software, and that you, or the entity you are acting on behalf of, are licensed to use the Software based on the terms set forth. You do not own the Software, rather are Licensed to use the software as set forth within the terms.

6.0 Payment

6.1 Software License fees are variable based on the Software itself. No maintenance fees are collected for updates.

6.2 In the event of a monthly payment agreement, terms set forth in the signed agreement will apply for payment schedules.

6.3 Payment is due in full upon receipt of the final version of the product unless otherwise covered in section 6.2

7.0 Warranties

7.1 Freeware, Shareware, Demos, Alpha, Beta, and Release Candidates

7.1.a YOU AGREE THAT QUANTUM RIFT SOFTWARE HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. QUANTUM RIFT SOFTWARE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.

7.2 Pre-packaged, and Final Versions of Custom Software

7.2.a YOU ARE ENTITLED TO 90 DAYS WARRANTY FOR SOFTWARE PRODUCTS FROM DEFECTS OF THE DISTRIBUTION MEDIA, WHETHER IT BE DISK OR CD-ROM, PROVIDED THAT IT IS ACQUIRED FROM QUANTUM RIFT SOFTWARE. IN NO EVENT SHALL QUANTUM RIFT SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, INCLUDING LOSS OF PROFIT OR DOWNTIME OF THE COMPUTER, SERVER OR NETWORK WHERE THE PROGRAM RESIDES, EVEN IF QUANTUM RIFT SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR HAS DISCOVERED THE POSSIBILITY. IN NO EVEN WILL QUANTUM RIFT SOFTWARE BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY THAT EXCEEDS THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

7.3 All warranties will be null and void if any of the terms set forth in this agreement are violated by the user

7.4 Warranties for third-party software are provided by that company.

8.0 Termination

8.1 The software license and maintenance agreement can be terminated at any time, without prior warning. Notification will be provided to affected parties through the Company’s current notification methods. If at such a time the user no longer agrees with the terms, they must purge ALL COPIES, and files for the Software.

9.0 Liability Limit

9.1 IN NO EVENT SHALL QUANTUM RIFT SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR MISUSE OF THE SOFTWARE, VIRUSES THAT MAY EXIST ON THE INSTALLATION MEDIA, INCLUDING LOSS OF PROFIT OR DOWNTIME OF THE COMPUTER, SERVER OR NETWORK WHERE THE PROGRAM RESIDES, EVEN IF QUANTUM RIFT SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR HAS DISCOVERED THE POSSIBILITY. IN NO EVEN WILL QUANTUM RIFT SOFTWARE BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY THAT EXCEEDS THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.