Quantum XL EULA
END USER LICENSE AGREEMENT
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS, OBLIGATIONS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”).
This EULA is a legal agreement between Digital Computations, Inc., dba SigmaZone.com (“Licensor”), and you, as the “End-User” of the SOFTWARE PRODUCT described herein. This EULA sets forth the terms under which you, as the End-User may use Quantum XL Software, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the "SOFTWARE PRODUCT"). By installing, copying, 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 download install or use the SOFTWARE PRODUCT.
This copy of Quantum XL ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. SigmaZone.com or its subsidiaries, affiliates, and suppliers (collectively "SigmaZone") own intellectual property rights in the Software Product.
“Educational Version” means a version of the software, so identified by use by students and faculty of educational institutions in a degree granting program at an accredited university.
“Not For Resale (NFR) Version” means a version, so identified, of the Software to be used to review and evaluate the Software, only.
“SigmaZone” means Digital Computations, Inc. doing business as SigmaZone.com.
"Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
“Personal information” is defined as licensee’s name, company name, email, gender, or address.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Mandatory Product Activation
The license rights granted under this Agreement may be limited to the first thirty (30) days after first install or reinstallation of the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet or email. There are measures in this Software that prevent unlicensed or illegal use of the Software. You agree that SigmaZone may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware, alter the Software, or install the Software on another computer. Product activation is based on the exchange of information between your computer and SigmaZone. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.
By default, the software will communicate with SigmaZone servers to detect if a newer version is available. No personal information will be transmitted or stored by SigmaZone during this process. The MAC address, which identifies your network card is transmitted and stored as part of this process.
Restrictions on Transfer
Without first obtaining the express written consent of SigmaZone, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
SigmaZone.com may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). 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 License Agreement. With respect to technical information you provide to SigmaZone.com as part of the Support Services, SigmaZone.com may use such information for its business purposes, including product support and development. SigmaZone.com will not utilize such technical information in a form that personally identifies you.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
Education Versions may not be used for, or distributed to any party for, any commercial purpose.
Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without SigmaZone’s prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
You may only use the Not for Resale Version of the Software to review and evaluate the Software.
You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Storage Medium Warranty
For a period of 90 days from the date of shipment or from the date that you download the Software Product, as applicable, SigmaZone warrants that when properly installed and used under normal conditions, the storage medium on which the Software Product is shipped will be free of material defects in material and workmanship.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SIGMAZONE, SIGMAZONE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Without prejudice to any other rights, SigmaZone.com may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The SOFTWARE PRODUCT is provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Digital Computations, 6839 Valhalla Way, Windermere FL 34786.
(Outside of the USA ) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
If the SOFTWARE PRODUCT is sold as an upgrade, you must be properly licensed to use a product identified by SigmaZone.com as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT sold as an upgrade replaces 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 License Agreement. 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.
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 SigmaZone.com or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT if any is provided.
SigmaZone makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. SigmaZone makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SIGMAZONE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL SIGMAZONE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SIGMAZONE OR ANY OTHER PARTY, EVEN IF SIGMAZONE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SIGMAZONE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of SigmaZone. SigmaZone reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If SigmaZone is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by SigmaZone to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold SigmaZone harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
GOVERNING LAW; JURISDICTION AND VENUE
This EULA shall be governed and construed by the laws of the State of Florida. End-User consents to and acknowledge the exclusive jurisdiction of the State of Florida with respect to any action arising out of or under this EULA. End-User agrees that the exclusive venue for any action for the enforcement of this EULA or any dispute arising under this EULA shall be the Circuit Court for Orange County, Florida. End-User consents and submits itself to the personal jurisdiction of such court, and waives any defense that, and agrees that End-User shall not assert that such forum is inconvenient or improper.
Any dispute arising under this EULA will be subject to binding arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitration will be held in Orlando, Florida. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
End User agrees that End User will not export or re-export the SOFTWARE PRODUCT or related technical data to any country, person, entity or end user subject to United States export restrictions.
SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of this EULA is held invalid or unenforceable, it shall be enforced to the extent reasonable under the circumstances and it shall not affect the validity and enforceability of the other provisions hereof. This EULA constitutes the entire agreement between the Licensor and End-User with respect to the subject matter hereof. A waiver by Licensor of any breach of this EULA by End-User shall not constitute a waiver of any subsequent breach of the same or any other provision of this EULA by End-User, nor shall it constitute a waiver of the provision itself.
Should you have any questions concerning this EULA, or if you desire to contact Licensor for any reason, please write: Digital Computations, 6839 Valhalla Way, Windermere FL 34786.